Gerstein v. Pugh
| Gerstein v. Pugh | |
|---|---|
| Argued March 25, 1974 Reargued October 21, 1974 Decided February 18, 1975 | |
| Full case name | Gerstein v. Pugh |
| Docket no. | 73-477 |
| Citations | 420 U.S. 103 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | 483 F.2d 778 (5th Cir. 1973); cert. granted |
| Holding | |
| An individual arrested without warrant must be given a probable cause determination by a judge as a prerequisite to being jailed or subjected to restraints of liberty for an extended period of time prior to trial. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell (Parts I, II), joined by unanimous |
| Majority | Powell (Parts III, IV), joined by Burger, White, Blackmun, Rehnquist |
| Concurrence | Stewart, joined by Douglas, Brennan, Marshall |
| Laws applied | |
| U.S. Const. amend. IV | |
Gerstein v. Pugh, 420 U.S. 103 (1975), was a United States Supreme Court case in which the Court held that it is a violation of the Fourth Amendment to detain an individual for an extended period of time without a probable cause hearing by a neutral magistrate.