Gerstein v. Pugh
United States Supreme Court
420 U.S. 103 (1975)
Under Dade County procedure, defendants charged by prosecutorial information rather than grand jury indictment could be detained for at least 30 days before any judicial probable cause determination occurred, through either a preliminary hearing or arraignment. Pugh (plaintiff) joined a class action asserting a constitutional right to a prompt probable cause hearing; the district court agreed such a right existed even after Florida amended its procedural rules, and the court of appeals affirmed, prompting Gerstein (defendant), the State Attorney, to seek Supreme Court review.
Whether a defendant charged with a crime by information may be detained for an extended period without a judicial determination of probable cause.