VAN ATTA v. SCOTT

Docket No. S.F. 23946.

27 Cal.3d 424 (1980)

613 P.2d 210

166 Cal. Rptr. 149

GERALD N. VAN ATTA, JR., et al., Plaintiffs and Appellants, v. DONALD M. SCOTT, as Chief of Police, etc., et al., Defendants and Appellants.

Supreme Court of California.

July 3, 1980.


Attorney(s) appearing for the Case

COUNSEL

Morrison & Foerster, Girvan Peck, Kathleen V. Fisher, William Alsup, Dominic J. Campisi, McCutchen, Doyle, Brown & Enersen, John N. Hauser, Bruce G. Vanyo and Donn P. Pickett for Plaintiffs and Appellants.

Linus Masouredis, Feldman, Waldman & Kline, Mark N. Aaronson, Herbert M. Rosenthal, Margaret G. Wilkinson, Zona Sage and Sheldon Partman, Public Defender (Santa Clara), as Amici Curiae on behalf of Plaintiffs and Appellants.

George Agnost, City Attorney, and Philip S. Ward, Deputy City Attorney, for Defendants and Appellants. Frank E. Farella, M. Laurence Popofsky, Stephen V. Bomse, Heller, Ehrman, White & McAuliffe, John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim, Roderick W. Leonard, Deputy District Attorneys, Max Thelen, Jr., Robert G. Sproul, Jr., Marc Johnston, James P. Wiezel, Thelen, Marrin, Johnson & Bridges, Walter L. Wagner, Keith C. Sorenson, District Attorney (San Mateo), William W. Larsen, Chief Deputy District Attorney, and Paul F. Wendler, Deputy District Attorney, as Amici Curiae on behalf of Defendants and Appellants.


OPINION

BIRD, C.J.

This court must decide the narrow issue as to whether the trial court was correct when it held that the pretrial release and detention system employed by the City and County of San Francisco violates the due process clauses of the state and federal Constitutions.

I

When an individual is arrested in San Francisco three methods of pretrial release are available: (1) citation (Pen. Code, §§...

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