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UNITED STATES v. SALERNO

No. 86-87.

481 U.S. 739 (1987)

UNITED STATES v. SALERNO ET AL.

Supreme Court of United States.

Decided May 26, 1987

Attorney(s) appearing for the Case

Solicitor General Fried argued the cause for the United States. With him on the briefs were Assistant Attorney General Weld, Deputy Solicitor General Bryson, Jeffrey P. Minear, Samuel Rosenthal, and Maury S. Epner.

Anthony M. Cardinale argued the cause for respondents. With him on the brief was Kimberly Homan.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

The Bail Reform Act of 1984 (Act) allows a federal court to detain an arrestee pending trial if the Government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions "will reasonably assure. . . the safety of any other person and the community." The United States Court of Appeals for the Second Circuit struck down this provision of the Act as facially unconstitutional...

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