Title and Citation: Gerstein v. Pugh, U.S. 103 (1975)
Type of Action: This is a criminal case where the defendants believed that they Fourth Amendment rights were violated, due to required time for a judicial determination of probable cause was not given to them as a condition to detention.
Facts of Case: Respondents Pugh and Henderson were arrested in Dade County, Florida in March of 1971. Both Pugh and Henderson were charged with several offenses which was not punishable by death. Pugh bail was denied due to one of his charged and Henderson could not afford to post his bail, so he remain in jail. In the state of Florida, the law only required indictments for capitol offenses. Prosecutors charged Pugh and Henderson by information only, without first a preliminary hearing and without leave of the court.
It was held previously in Florida court that filing an information foreclosed and accused right to a preliminary hearing, and that habeas corpus could not be utilized aside from as a part of uncommon circumstances.…show more content… The local court ensured class action suit and held that the Fourth and Fourteenth Amendments give all individual who are arrested and charged by information the privilege to a preparatory hearing. The Florida Supreme Court embraced new principles trying to alter the issue, however on remand, the area court kept the standards still disregarded the Fourth and Fourteenth Amendments. The court likewise endorsed point by point methods to secure that privilege. The U.S. Court of Appeals for the Fifth Circuit insisted to a limited extent and abandoned to some extent, changing minor bits of the locale court's recommended
