Audio Transcription for Opinion Announcement – February 18, 1975 in Gerstein v. Pugh. Richard E. GERSTEIN, State Attorney for Eleventh Judicial Circuit of Florida, Petitioner, v. Robert PUGH et al. 854. Syllabus. Respondents Pugh and Henderson filed a class action against Dade County officials in the Federal District Court/ claiming a constitutional right to a judicial hear­ ing on the issue of probable cause and requesting declara­ Warren E. Burger: We will hear arguments next in 73-477, Gerstein against Pugh. Only recently, in Gerstein v. Pugh,5 has the United States Supreme Court expanded the federal constitutional rights of all suspects to include a probable cause determination by a neutral magistrate pending disposition of their cases. 73-477 SUPREME COURT OF THE UNITED STATES 420 U.S. 103; 95 S. Ct. 854 March 25, 1974, Argued February 18, 1975, Decided SYLLABUS 1. No. at 105. Pugh was charged with robbery, carrying a concealed weapon, and possession of a firearm during the commission of a felony. Gerstein affidavit (Gerstein v. Pugh, 420 U.S. 103 (1975)). 7. In the case cases of Gerstein v. Pugh, U.S. 103 (1975), relates to the Fourth Amendment of the United States Constitution gives all person who have been arrested and charged on information a privilege to a legal hearing on the subject of reasonable justification. Title U.S. Reports: Gerstein v. Pugh, 420 U.S. 103 (1975). Gerstein v. Pugh, 420 U.S. 103 (1975). No. GERSTEIN v. PUGH. Brief for Respondents at 8, id. GERSTEIN v. PUGH ET AL. 95 S.Ct. 420 U.S. 103. 43 L.Ed.2d 54. Contributor Names Powell, Lewis F., Jr. (Judge) Supreme Court of the United States (Author) GERSTEIN v. PUGH by information could be detained for a substantial period solely on the decision of a prosecutor. 1. The Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended re-straint of liberty following arrest. 1. Gerstein. 2. v. Pugh. Feb. 18, 1975. Reargued October 21, 1974. 2d 54 (1975), the Supreme Court affirmed that part of the judgment of the Court of Appeals and of this court holding that the Fourth Amendment requires a timely judicial determination of probable cause to … 73-477. 1. Argued March 25, 1974. United States Supreme Court. The district court had held that the Florida procedure violated the fourth and fourteenth amendments because a prosecuting attorney could obviate the requirement of determination of probable cause by a neutral and detached magistrate. Pugh v. PROTOCOL 12-10 In domestic violence-related criminal cases, all courts must perform a search of their own records to determine the existence of any current or expired domestic violence restraining orders that Henderson was charged with breaking and entering, and assault and battery. CERTIORARI TO THE UNITED STATES COURT OF APPEALS. Id. Gerstein v. Pugh, 420 U.S. 103, 105 n.1, (1975). Id. The Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest. del. In Gerstein v. Pugh, 420 U.S. 103 , 95 S. Ct. 854, 43 L. Ed. FOR THE FIFTH CIRCUIT. 6.
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