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Paper Topic:

County of Riverside vs Mclaughlin,500 U.S. 44 (1991)

Riverside County v . McLaughlin

500 U .S . 44 (1991

Docket Number : 89-1817

Facts of the case : McLaughlin was arrested without a warrant . McLaughlin brought a class action suit , alleging that Riverside County violated the holding of Gierstein v . Pugh , because they did not provide prompt judicial determinations of probable cause

Opinion /Decision : The court granted class certification and issued a preliminary injunction requiring all persons arrested by the County without a warrant be provided probable cause determinations within 36 hours of arrest , except in exigent circumstances . The Court of Appeals

br affirmed , rejecting the County 's Lyons-based standing argument and ruling on the merits that the County 's practice was not in accord with Gerstein 's promptness requirement because no more than 36 hours were needed to complete the administrative steps incident to arrest Intervening weekends or complicated pretrial proceedings were not legitimate reasons for delay

Holdings : Affirmed that Riverside violated the Court 's holding in Gerstein v . Pugh (420 U .S . 103 , which required prompt probable cause determinations

Concurring /Dissenting Opinion : Justice Marshall , with whom Justice Blackmun and Justice Stevens join , 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

Reflections on the case : The case strengthens the precedent that a citizen , if arrested without a warrant , should be protected from undue and extended detention . The decision of the court is important for ensuring that innocent civilians do not get abused...

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