No. 00-2358.

275 F.3d 220 (2001)

Robert STEWART, on behalf of himself and all others similarly situated, v. Lynne ABRAHAM, District Attorney of Philadelphia County, individually and in her official capacity; District Attorney's Office of Philadelphia County, Appellants.

United States Court of Appeals, Third Circuit.

December 26, 2001.

Attorney(s) appearing for the Case

Ronald Eisenberg (Argued), Emily B. Zimmerman, Fern Kletter, District Attorney's Office, Philadelphia, PA, Attorneys for Appellants.

David Rudovsky (Argued), Jules Epstein, Kairys, Rudovsky, Epstein, Messing & Rau, Charles Cunningham, Bradley S. Bridge, Defender Association of Philadelphia, Seth Kreimer, Philadelphia, PA, Attorneys for Appellees.

D. Michael Fisher, William H. Ryan, Jr., Robert A. Graci, Stuart Suss, Office of Attorney General of Pennsylvania, Appeals and Legal Services Section, Norristown, PA, Attorneys for Amicus-appellant, Attorney General of Pennsylvania.

Nancy Winkelman, Stephen J. Shapiro, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, Attorneys for Amicus-appellee American Civil Liberties Union of Pennsylvania.

Before ROTH, McKEE and STAPLETON, Circuit Judges.


STAPLETON, Circuit Judge.

This civil rights action mounts a Fourth Amendment challenge to a practice of the Philadelphia District Attorney's Office which the parties have labeled "the rearrest policy."


Rule 5021 of the Pennsylvania Rules of Criminal Procedure provides that a criminal proceeding may "be instituted by ... an arrest without a warrant" if there is probable cause to believe...

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