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Alfredo v. Superior Court of Los Angeles County
California Supreme Court
6 Cal. 4th 1212, 26 Cal. Rptr. 2d 623, 865 P.2d 56 (1994)
In Gerstein v. Pugh, 420 U.S. 103 (1975), the Supreme Court held that the Fourth Amendment requires a prompt judicial determination of probable cause that a suspect committed a crime as a prerequisite to an extended pretrial detention following a warrantless arrest. Gerstein did not precisely define the timeframe required for a prompt judicial determination, but in County of Riverside v. McLaughlin, 500 U.S. 44 (1991), the Supreme Court further defined the promptness. In McLaughlin, the Supreme Court held that a determination conducted within 48 hours of arrest would comply with the promptness requirement of Gerstein. In July 1991, the Los Angeles County Juvenile Court adopted the official position that the strict 48-hour rule does not apply in juvenile-detention proceedings. Alfredo (defendant) appealed to challenge this rule.
Rule of Law
Holding and Reasoning (Lucas, C.J.)
Dissent (Mosk, J.)
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