Gerstein v. Pugh
United States Supreme Court
420 U.S. 103 (1975)
Pugh (plaintiff) was one of two defendants arrested under an information issued by a prosecutor in Dade County, Florida. County procedures provided for a probable cause determination only by way of preliminary hearing or arraignment. A preliminary hearing could not be held any earlier than 30 days after arrest. Arraignments were commonly delayed for at least 30 days after arrest. Pugh joined a class action suit in federal court asserting a constitutional right to a prompt judicial determination of probable cause. The district court held that criminal defendants charged by information were entitled to a timely judicial determination of probable cause. Before the district court issued its opinion, the Florida Supreme Court enacted a new procedural rule governing preliminary hearings. The district court reviewed the amended rule and found that it had not addressed the constitutional issues because defendants charged by information could still be detained without a probable cause determination. The court of appeals affirmed the district court decision. Gerstein (defendant), in his capacity as State Attorney for Dade County, petitioned the Supreme Court for review.
Rule of Law
Holding and Reasoning (Powell, J.)
Concurrence (Stewart, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.