Opinion · Supreme Court of the United States
County of Riverside v. McLaughlin
500 U.S. 44
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1991-05-20
- Topic
- litigation
Justice Marshall, with whom Justice Blackmun and Justice Stevens join, dissenting. In Gerstein v. Pugh, 420 U. S. 103 (1975), this Court held that an individual detained following a warrantless arrest is entitled to a “prompt” judicial determination of probable cause as a prerequisite to any further restraint on his liberty. See id., at 114-116, 125.
with whom Justice Blackmun and Justice Stevens join, dissenting.
In Gerstein v. Pugh, 420 U. S. 103 (1975), this Court held that an individual detained following a warrantless arrest is entitled to a “prompt” judicial determination of probable cause as a prerequisite to any further restraint on his liberty. See id., at 114-116, 125. I agree with Justice Scalia that a probable-cause hearing is sufficiently “prompt” under Gerstein only when provided immediately upon completion of the “administrative steps incident to arrest,” id., at 114. See post, at 62-63. Because the Court of Appeals correctly held that the County of Riverside must provide probable-cause hearings as soon as it completes the administrative steps incident to arrest, see 888 F. 2d 1276, 1278 (CA9 1989), I would affirm the judgment of the Court of Appeals. Accordingly, I dissent.