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IN RE WALTERS

Docket No. Crim. 18488.

15 Cal.3d 738 (1975)

543 P.2d 607

126 Cal. Rptr. 239

In re LEONARD AUSTIN WALTERS on Habeas Corpus.

Supreme Court of California. In Bank.

December 18, 1975.

Attorney(s) appearing for the Case

COUNSEL

Richard E. Erwin, Public Defender, for Petitioner.

Fred Okrand, Joe Remcho and Ephraim Margolin as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Russell Iungerich and Shunji Asari, Deputy Attorneys General, C. Stanley Trom, District Attorney, and Robert J. Bayer, Deputy District Attorney, for Respondents.

OPINION

WRIGHT, C.J.

Petitioner Leonard Austin Walters seeks a writ of habeas corpus claiming that the absence of a judicial determination of probable cause for his detention following a warrantless arrest for a misdemeanor renders that detention constitutionally impermissible. (U.S. Const., 4th Amend.; Cal. Const., art. I, §§ 7, 13.) In light of the recent United States Supreme Court decision in Gerstein v. Pugh...

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