Gerstein v. Pugh
- Decided
- February 18, 1975
- Docket
- 73-477
- Status
- Published
- Jurisdiction
- Federal
Cited 4,350 timesNo negative treatment found in this library
What later courts said
- holding that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to any extended restraint on liberty following an arrest — Albright v. Oliver (1994)
- holding that Fourth Amendment requires judicial determination of probable cause as prerequisite to detention — Reno v. Flores (1993)
- holding that the Fourth Amendment requires "prompt" judicial determination of probable cause following a war-rantless arrest — United States v. Encarnacion (2001)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*105] Mr. Justice Powell delivered the opinion of the Court.
The issue in this case is whether a person arrested and held for trial under a prosecutor’s information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty.
I
Statutes cited
- 18 U.S.C. § 3146
- 42 U.S.C. § 1983
- 28 U.S.C. § 1343
- 28 U.S.C. § 2281
Cite this
Gerstein v. Pugh, 420 U.S. 103 (1975)Read the full opinion
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