county
riverside
mclaughlin
argued
january
decided
may
respondent
mclaughlin
brought
class
action
seeking
injunctive
declaratory
relief
alleging
petitioner
county
riverside
county
violated
holding
gerstein
pugh
failing
provide
prompt
judicial
determinations
probable
cause
persons
like
arrested
without
warrant
county
combines
determinations
arraignment
procedures
county
policy
must
conducted
within
two
days
arrest
excluding
weekends
holidays
county
moved
dismiss
complaint
asserting
mclaughlin
lacked
standing
bring
suit
time
providing
prompt
probable
cause
determination
already
passed
failed
show
required
los
angeles
lyons
subject
allegedly
unconstitutional
conduct
district
never
explicitly
ruled
motion
dismiss
accepted
filing
second
amended
complaint
operative
pleading
named
respondents
james
simon
hyde
additional
individual
plaintiffs
class
representatives
alleged
arrested
without
warrant
received
prompt
probable
cause
hearing
still
custody
granted
class
certification
subsequently
issued
preliminary
injunction
requiring
persons
arrested
county
without
warrant
provided
probable
cause
determinations
within
hours
arrest
except
exigent
circumstances
appeals
affirmed
rejecting
county
standing
argument
ruling
merits
county
practice
accord
gerstein
promptness
requirement
hours
needed
complete
administrative
steps
incident
arrest
held
plaintiffs
article
iii
standing
time
second
amended
complaint
filed
james
simon
hyde
satisfied
standing
doctrine
core
requirement
allege
personal
injury
fairly
traceable
county
allegedly
unlawful
conduct
likely
redressed
requested
injunction
see
allen
wright
lyons
supra
distinguished
although
named
plaintiffs
claims
subsequently
rendered
moot
receipt
probable
cause
hearings
release
custody
preserved
merits
controversy
review
obtaining
class
certification
see
gerstein
deprived
jurisdiction
fact
class
certified
named
plaintiffs
claims
became
moot
claims
inherently
transitory
see
id
relation
back
doctrine
properly
invoked
preserve
case
merits
judicial
resolution
see
swisher
brady
pp
county
current
policy
practice
comport
fully
gerstein
requirement
prompt
probable
cause
determination
pp
contrary
appeals
construction
gerstein
implicitly
recognized
fourth
amendment
compel
immediate
determination
probable
cause
upon
completion
administrative
steps
incident
arrest
requiring
persons
arrested
without
warrant
promptly
brought
neutral
magistrate
determination
gerstein
struck
balance
rights
individuals
realities
law
enforcement
gerstein
makes
clear
constitution
impose
individual
jurisdictions
rigid
procedural
framework
making
required
determination
allows
choose
comply
different
ways
contrast
appeals
approach
permits
flexibility
error
pp
order
satisfy
gerstein
promptness
requirement
jurisdiction
chooses
combine
probable
cause
determinations
pretrial
proceedings
must
soon
reasonably
feasible
event
later
hours
arrest
providing
probable
cause
determination
within
time
frame
general
matter
immunize
jurisdiction
systemic
challenges
although
hearing
within
hours
may
nonetheless
violate
gerstein
arrested
individual
prove
probable
cause
determination
delayed
unreasonably
courts
evaluating
reasonableness
delay
must
allow
substantial
degree
flexibility
taking
account
practical
realities
pretrial
procedures
arrested
individual
receive
probable
cause
determination
within
hours
burden
proof
shifts
government
demonstrate
existence
bona
fide
emergency
extraordinary
circumstance
include
intervening
weekends
fact
particular
case
may
take
longer
consolidate
pretrial
proceedings
pp
although
county
entitled
combine
probable
cause
determinations
arraignments
immune
systemic
challenges
class
action
regular
practice
exceeds
constitutionally
permissible
period
persons
arrested
thursdays
may
wait
following
monday
receiving
probable
cause
determination
delay
even
longer
intervening
holiday
moreover
lower
courts
remand
must
determine
whether
county
practice
arrests
occur
early
week
whereby
arraignments
usually
take
place
last
day
possible
supported
legitimate
reasons
constitutes
delay
delay
sake
pp
delivered
opinion
rehnquist
white
kennedy
souter
joined
marshall
filed
dissenting
opinion
blackmun
stevens
joined
post
scalia
filed
dissenting
opinion
post
timothy
coates
argued
cause
petitioners
briefs
peter
ferguson
michael
bell
martin
stein
dan
stormer
argued
cause
respondents
brief
richard
herman
ben
margolis
elizabeth
spector
briefs
amici
curiae
urging
reversal
filed
state
california
john
van
de
kamp
attorney
general
richard
iglehart
chief
assistant
attorney
general
harley
mayfield
senior
assistant
attorney
general
robert
foster
frederick
millar
supervising
deputy
attorneys
general
district
attorney
county
riverside
california
grover
trask
ii
pro
se
robert
rotstein
john
powell
paul
hoffman
judith
resnik
filed
brief
american
civil
liberties
union
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
state
hawaii
et
al
warren
price
iii
attorney
general
hawaii
steven
michaels
deputy
attorney
general
siegelman
attorney
general
alabama
ron
fields
attorney
general
arkansas
john
kelly
chief
state
attorney
connecticut
charles
oberly
iii
attorney
general
delaware
james
jones
attorney
general
idaho
neil
hartigan
attorney
general
illinois
linley
pearson
attorney
general
indiana
james
tierney
attorney
general
maine
frank
kelley
attorney
general
michigan
mike
moore
attorney
general
mississippi
marc
racicot
attorney
general
montana
robert
spire
attorney
general
nebraska
robert
del
tufo
attorney
general
new
jersey
john
arnold
attorney
general
new
hampshire
hal
stratton
attorney
general
new
mexico
brian
mckay
attorney
general
nevada
lacy
thornburg
attorney
general
north
carolina
robert
henry
attorney
general
oklahoma
travis
medlock
attorney
general
south
carolina
roger
tellinghuisen
attorney
general
south
dakota
jeffrey
amestoy
attorney
general
vermont
joseph
meyer
attorney
general
wyoming
county
los
angeles
et
al
de
witt
clinton
dixon
holston
california
district
attorneys
association
michael
capizzi
youth
law
center
mark
soler
loren
warboys
justice
delivered
opinion
gerstein
pugh
held
fourth
amendment
requires
prompt
judicial
determination
probable
cause
prerequisite
extended
pretrial
detention
following
warrantless
arrest
case
requires
us
define
prompt
gerstein
class
action
brought
challenging
manner
county
riverside
california
county
provides
probable
cause
determinations
persons
arrested
without
warrant
issue
county
policy
combining
probable
cause
determinations
arraignment
procedures
county
policy
tracks
closely
provisions
cal
penal
code
ann
west
arraignments
must
conducted
without
unnecessary
delay
event
within
two
days
arrest
requirement
excludes
computation
weekends
holidays
thus
individual
arrested
without
warrant
late
week
may
cases
held
long
five
days
receiving
probable
cause
determination
thanksgiving
holiday
delay
possible
parties
dispute
whether
combined
probable
procedure
available
warrantless
arrestees
testimony
riverside
county
district
attorney
grover
trask
suggests
individuals
arrested
without
warrants
felonies
receive
probable
cause
determination
preliminary
hearing
may
occur
days
arraignment
app
however
county
represents
policy
provide
probable
cause
determinations
arraignment
persons
arrested
without
warrant
regardless
nature
charges
ibid
see
also
tr
oral
arg
need
resolve
factual
inconsistency
present
purposes
accept
county
representation
august
donald
lee
mclaughlin
filed
complaint
district
central
district
california
seeking
injunctive
declaratory
relief
behalf
others
similarly
situated
complaint
alleged
mclaughlin
currently
incarcerated
riverside
county
jail
received
probable
cause
determination
requested
order
judgment
requiring
defendants
county
riverside
provide
arrestees
arrested
without
warrants
prompt
probable
cause
bail
arraignment
hearings
pet
cert
shortly
thereafter
mclaughlin
moved
class
certification
county
moved
dismiss
complaint
asserting
mclaughlin
lacked
standing
bring
suit
failed
show
required
los
angeles
lyons
subject
allegedly
unconstitutional
conduct
warrantless
detention
without
probable
cause
determination
light
pending
motion
dismiss
district
continued
hearing
motion
certify
class
various
papers
submitted
july
district
accepted
filing
second
amended
complaint
operative
pleading
record
appears
district
never
explicitly
ruled
defendants
motion
dismiss
rather
took
calendar
august
second
amended
complaint
named
three
additional
plaintiffs
johnny
james
diana
ray
simon
michael
scott
hyde
individually
class
representatives
amended
complaint
alleged
named
plaintiffs
arrested
without
warrant
received
neither
prompt
probable
cause
bail
hearings
still
custody
app
november
district
certified
class
comprising
present
future
prisoners
riverside
county
jail
including
pretrial
detainees
arrested
without
warrants
held
riverside
county
jail
august
present
future
detainees
may
denied
prompt
probable
cause
bail
arraignment
hearings
app
march
plaintiffs
asked
district
issue
preliminary
injunction
requiring
county
provide
persons
arrested
without
warrant
judicial
determination
probable
cause
within
hours
arrest
app
district
issued
injunction
holding
county
existing
practice
violated
decision
gerstein
without
discussion
district
adopted
rule
county
provide
probable
cause
determinations
within
hours
arrest
except
exigent
circumstances
retained
jurisdiction
indefinitely
ensure
county
established
new
procedures
complied
injunction
app
appeals
ninth
circuit
consolidated
case
another
challenging
identical
preliminary
injunction
issued
county
san
bernardino
see
mcgregor
county
san
bernardino
decided
mclaughlin
county
riverside
november
appeals
affirmed
order
granting
preliminary
injunction
riverside
county
one
aspect
injunction
san
bernardino
county
reversed
appeals
determination
us
appeals
rejected
riverside
county
standing
argument
holding
named
plaintiffs
article
iii
standing
bring
class
action
injunctive
relief
reasoned
time
plaintiffs
filed
complaint
custody
suffering
injury
result
defendants
allegedly
unconstitutional
action
proceeded
merits
determined
county
policy
providing
probable
cause
determinations
arraignment
within
hours
accord
gerstein
requirement
determination
promptly
arrest
hours
needed
complete
administrative
steps
incident
arrest
ninth
circuit
thus
joined
fourth
seventh
circuits
interpreting
gerstein
requiring
probable
cause
determination
immediately
following
completion
administrative
procedures
incident
arrest
llaguno
mingey
en
banc
fisher
washington
metropolitan
area
transit
authority
contrast
second
circuit
understands
gerstein
stres
need
flexibility
permit
combine
probable
cause
determinations
pretrial
proceedings
williams
ward
cert
denied
granted
certiorari
resolve
conflict
among
circuits
constitutes
prompt
probable
cause
determination
gerstein
ii
initial
matter
county
renews
claim
plaintiffs
lack
standing
explains
main
thrust
plaintiffs
suit
entitled
prompt
probable
cause
determinations
insists
definition
violation
sufficient
time
passed
county
argues
constitutional
violation
complete
probable
cause
determination
made
point
longer
prompt
thus
least
named
plaintiffs
standing
late
receive
prompt
hearing
lyons
show
likely
subjected
unconstitutional
conduct
reject
county
argument
core
standing
doctrine
requirement
plaintiff
allege
personal
injury
fairly
traceable
defendant
allegedly
unlawful
conduct
likely
redressed
requested
relief
allen
wright
citing
valley
forge
christian
college
americans
separation
church
state
county
dispute
time
second
amended
complaint
filed
plaintiffs
james
simon
hyde
arrested
without
warrants
held
custody
without
received
probable
cause
determination
prompt
otherwise
plaintiffs
alleged
complaint
suffering
direct
current
injury
result
detention
continue
suffer
injury
received
probable
cause
determination
entitled
plainly
plaintiffs
injury
moment
capable
redressed
injunctive
relief
county
argument
constitutional
violation
already
completed
relies
crabbed
reading
complaint
case
easily
distinguished
lyons
constitutionally
objectionable
practice
ceased
altogether
plaintiff
filed
complaint
true
course
claims
named
plaintiffs
since
rendered
moot
eventually
either
received
probable
cause
determinations
released
cases
leave
doubt
however
obtaining
class
certification
plaintiffs
preserved
merits
controversy
review
factually
similar
cases
held
termination
class
representative
claim
moot
claims
unnamed
members
class
see
gerstein
citing
sosna
iowa
schall
martin
class
certified
named
plaintiffs
claims
become
moot
deprive
us
jurisdiction
recognized
gerstein
ome
claims
inherently
transitory
trial
even
enough
time
rule
motion
class
certification
proposed
representative
individual
interest
expires
parole
geraghty
citing
gerstein
supra
cases
relation
back
doctrine
properly
invoked
preserve
merits
case
judicial
resolution
see
swisher
brady
sosna
supra
accordingly
proceed
merits
iii
gerstein
held
unconstitutional
florida
procedures
persons
arrested
without
warrant
remain
police
custody
days
without
judicial
determination
probable
cause
reaching
conclusion
attempted
reconcile
important
competing
interests
one
hand
strong
interest
protecting
public
safety
taking
custody
persons
reasonably
suspected
engaged
criminal
activity
even
opportunity
prior
judicial
determination
probable
cause
hand
prolonged
detention
based
incorrect
unfounded
suspicion
may
unjustly
imperil
suspect
job
interrupt
source
income
impair
family
relationships
sought
balance
competing
concerns
holding
must
provide
fair
reliable
determination
probable
cause
condition
significant
pretrial
restraint
liberty
determination
must
made
judicial
officer
either
promptly
arrest
emphasis
added
thus
established
practical
compromise
rights
individuals
realities
law
enforcement
gerstein
warrantless
arrests
permitted
persons
arrested
without
warrant
must
promptly
brought
neutral
magistrate
judicial
determination
probable
cause
significantly
stopped
short
holding
jurisdictions
constitutionally
compelled
provide
probable
cause
hearing
immediately
upon
taking
suspect
custody
completing
booking
procedures
acknowledged
burden
proliferation
pretrial
proceedings
places
criminal
justice
system
recognized
interests
everyone
involved
including
persons
arrested
might
disserved
introducing
procedural
complexity
already
intricate
system
accordingly
left
individual
integrate
prompt
probable
cause
determinations
differing
systems
pretrial
procedures
gave
proper
deference
demands
federalism
recognized
state
systems
criminal
procedure
vary
widely
nature
number
pretrial
procedures
provide
noted
single
preferred
approach
explained
flexibility
experimentation
respect
integrating
probable
cause
determinations
desirable
state
settle
upon
approach
accord
state
pretrial
procedure
viewed
whole
ibid
purpose
gerstein
make
clear
fourth
amendment
requires
every
state
provide
prompt
determinations
probable
cause
constitution
impose
rigid
procedural
framework
rather
individual
may
choose
comply
different
ways
inherent
gerstein
invitation
experiment
adapt
recognition
fourth
amendment
compel
immediate
determination
probable
cause
upon
completing
administrative
steps
incident
arrest
plainly
probable
cause
hearing
constitutionally
compelled
moment
suspect
finished
booked
room
whatsoever
flexibility
experimentation
ibid
incorporating
probable
cause
determinations
procedure
setting
bail
fixing
conditions
pretrial
release
gerstein
explicitly
contemplated
id
impossible
waiting
even
hours
bail
hearing
arraignment
take
place
time
probable
cause
determination
amount
constitutional
violation
clearly
gerstein
inflexible
notwithstanding
gerstein
discussion
flexibility
ninth
circuit
appeals
held
flexibility
permitted
construed
gerstein
requir
ing
probable
cause
determination
made
soon
administrative
steps
incident
arrest
completed
steps
require
brief
period
emphasis
added
internal
quotation
marks
omitted
reading
advanced
dissent
see
post
opinion
marshall
post
opinion
scalia
foregoing
discussion
readily
demonstrates
error
approach
gerstein
held
probable
cause
determinations
must
prompt
immediate
explained
flexibility
experimentation
desirab
le
single
preferred
pretrial
procedure
nature
probable
cause
determination
usually
shaped
accord
state
pretrial
procedure
viewed
whole
appeals
justice
scalia
disregard
statements
relying
instead
selective
quotations
opinion
explained
gerstein
struck
balance
competing
interests
proper
understanding
decision
possible
one
takes
account
sides
equation
justice
scalia
claims
find
support
approach
common
law
points
several
statements
early
effect
arresting
officer
must
bring
person
arrested
without
warrant
judicial
officer
soon
reasonably
post
emphasis
original
vague
admonition
offers
support
dissent
inflexible
standard
gerstein
statement
hearing
follow
promptly
arrest
mentioned
outset
question
us
today
prompt
gerstein
answer
question
recognizing
gerstein
struck
balance
competing
interests
given
gerstein
permits
jurisdictions
incorporate
probable
cause
determinations
pretrial
procedures
delays
inevitable
example
riverside
county
probable
cause
determination
combined
arraignment
delays
caused
paperwork
logistical
problems
records
reviewed
charging
documents
drafted
appearance
counsel
arranged
appropriate
bail
determined
weekends
number
arrests
often
higher
available
resources
tend
limited
arraignments
may
get
pushed
back
even
view
fourth
amendment
permits
reasonable
postponement
probable
cause
determination
police
cope
everyday
problems
processing
suspects
overly
burdened
criminal
justice
system
flexibility
limits
gerstein
blank
check
state
legitimate
interest
detaining
extended
periods
individuals
arrested
without
probable
cause
recognized
gerstein
person
arrested
without
warrant
entitled
fair
reliable
determination
probable
cause
determination
must
made
promptly
unfortunately
lower
decisions
applying
gerstein
demonstrated
enough
say
probable
cause
determinations
must
prompt
vague
standard
simply
provided
sufficient
guidance
instead
led
flurry
systemic
challenges
city
county
practices
putting
federal
judges
role
making
legislative
judgments
overseeing
local
jailhouse
operations
see
mcgregor
county
san
bernardino
decided
mclaughlin
county
riverside
scott
gates
civ
cd
see
also
bernard
palo
alto
sanders
houston
sd
tex
aff
lively
cullinane
dc
task
case
articulate
clearly
boundaries
permissible
fourth
amendment
although
hesitate
announce
constitution
compels
specific
time
limit
important
provide
degree
certainty
counties
may
establish
procedures
confidence
fall
within
constitutional
bounds
taking
account
competing
interests
articulated
gerstein
believe
jurisdiction
provides
judicial
determinations
probable
cause
within
hours
arrest
general
matter
comply
promptness
requirement
gerstein
reason
jurisdictions
immune
systemic
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gerstein
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amendment
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amendment
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citizens
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protections
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common
law
see
california
hodari
one
one
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suspect
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ed
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blackstone
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wright
eng
duty
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magistrate
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venable
huddy
atchison
hinsdell
ocean
williams
johnson
mayor
city
council
americus
low
evans
ind
tubbs
tukey
mass
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perkins
law
arrest
iowa
cf
pepper
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need
conduct
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officer
ability
prisoner
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reach
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keefe
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son
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gerstein
see
holding
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gerstein
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amendment
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upon
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gerstein
say
contend
immediate
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gerstein
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full
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meant
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gerstein
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entirety
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conclude
constitution
require
adversary
determination
probable
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recognize
state
systems
criminal
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preferred
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determination
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limit
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amendment
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fourth
amendment
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condition
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made
judicial
officer
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arrest
footnotes
omitted
emphasis
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even
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dictum
gerstein
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poor
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amendment
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frailty
today
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individual
state
respect
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issue
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highly
liberal
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balance
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ways
western
democracies
currently
permit
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period
detention
without
impartially
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cause
england
example
prevention
terrorism
act
permits
suspects
held
without
presentation
without
charge
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days
halsbury
stat
ed
purpose
fourth
amendment
put
matter
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time
place
judicial
predilection
incorporating
traditional
common
law
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gerstein
approval
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gerstein
however
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mclaughlin
entitled
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amendment
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completion
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arranging
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outer
time
limit
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full
year
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probable
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california
single
magistrate
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function
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gerstein
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notes
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gerstein
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number
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scope
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arrest
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duration
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cases
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hours
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arrest
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probable
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based
procedures
selected
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bernard
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alto
mcgill
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lively
cullinane
cf
dommer
hatcher
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part
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also
gramenos
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four
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gerstein
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soc
prob
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similar
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criminal
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thomas
poisoned
fruit
pretrial
detention
citing
cases
state
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similarly
applied
limit
state
statutes
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new
york
example
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hours
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rel
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new
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unlikely
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longer
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american
law
institute
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american
bar
association
proposed
rules
criminal
procedure
initially
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made
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six
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night
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justice
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pamph
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supported
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brandes
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discussing
national
rule
note
view
absent
extraordinary
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unreasonable
seizure
within
meaning
fourth
amendment
police
arrested
suspect
without
warrant
delay
determination
probable
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arrest
either
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arrangement
probable
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determination
completion
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arrest
beyond
hours
arrest
like
treat
time
limit
presumption
hours
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unforeseeable
circumstances
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justice
story
wrote
fourth
amendment
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affirmance
great
constitutional
doctrine
common
law
story
commentaries
constitution
become
less
one
hears
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nowadays
fourth
amendment
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constitutional
law
guilty
benefits
career
criminal
exclusionary
rule
often
directly
ordinary
citizen
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today
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reinforces
view
common
law
rule
prompt
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primary
beneficiaries
innocent
whose
fully
justified
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scold
police
avoid
conviction
evidence
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establish
guilt
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reasonable
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even
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arrest
recent
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invented
novel
applications
fourth
amendment
release
unquestionably
guilty
today
repudiate
one
core
applications
presumptively
innocent
may
left
jail
hereafter
citizen
wrongfully
arrested
may
compelled
await
grace
dickensian
bureaucratic
machine
churns
cycle
two
days
never
given
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judge
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view
image
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justice
lost
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americans
recognize
respectfully
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footnotes
ordinarily
think
plenty
time
administrative
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made
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magistrate
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intentionally
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person
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personal
effects
fingerprinting
photographing
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exposed
indignities
proper
basis
constraining
freedom
movement
immediately
determined
claims
appeals
concluded
takes
hours
process
arrested
persons
riverside
county
ante
concluded
thing
concluded
hours
time
limit
imposed
district
ample
time
complete
arrest
county
provided
evidence
demonstrate
contrary
district
turn
made
evidentiary
finding
effect
hours
necessary
unexplained
reasons
said
declines
adopt
standard
generally
applied
courts
adopts
limit
except
exigent
circumstances
mclaughlin
county
riverside
rg
cd
apr
app
moreover
county
acknowledged
nearly
percent
cases
completed
hours
less
brief
district
attorney
county
riverside
amicus
curiae
examples
given
explain
percent
entirely
unpersuasive
heavy
traffic
southern
california
freeways
need
wait
arrestees
properly
detainable
visibly
influence
drugs
come
influence
questioned
crimes
need
take
blood
urine
samples
promptly
drug
cases
one
exception
awaiting
completion
investigations
filing
investigation
reports
various
state
federal
agencies
long
held
course
delaying
probable
cause
determination
latter
reason
effecting
judge
posner
aptly
called
imprisonment
suspicion
police
look
evidence
confirm
suspicion
llaguno
mingey
improper
see
gerstein
citing
mallory