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GERSTEIN v. PUGH

No. 73-477.

420 U.S. 103 (1975)

GERSTEIN v. PUGH ET AL.

Supreme Court of United States.

Reargued October 21, 1974.

Decided February 18, 1975.

Attorney(s) appearing for the Case

Leonard R. Mellon reargued the cause for petitioner. With him on the brief was N. Joseph Durant, Jr.

Bruce S. Rogow reargued the cause for respondents. With him on the briefs was Phillip A. Hubbart.

Paul L. Friedman reargued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Bork, Assistant Attorney General Petersen, and Deputy Solicitor General Frey. Raymond L. Marky, Assistant Attorney General, reargued the cause for the State of Florida as amicus curiae urging reversal. With him on the brief were Robert L. Shevin, Attorney General, and George R. Georgieff, Assistant Attorney General.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The issue in this case is whether a person arrested and held for trial under a prosecutor's information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty.

I

In March 1971 respondents Pugh and Henderson were arrested in Dade County, Fla. Each was charged with several offenses under a prosecutor...

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