gerstein pugh argued march decided february fourth amendment requires judicial determination probable cause prerequisite extended restraint liberty following arrest accordingly florida procedures challenged whereby person arrested without warrant charged information may jailed subjected restraints pending trial without opportunity probable cause determination unconstitutional pp prosecutor assessment probable cause standing alone meet requirements fourth amendment insufficient justify restraint liberty pending trial pp constitution require however judicial oversight decision prosecute information conviction vacated ground defendant detained pending trial without probable cause determination pp sole issue whether probable cause detaining arrested person pending proceedings issue determined reliably use informal procedures pp limited function nonadversary character probable cause determination critical stage prosecution require appointed counsel pp powell delivered opinion parts ii members joined parts iii iv burger white blackmun rehnquist joined stewart filed concurring opinion douglas brennan marshall joined post leonard mellon reargued cause petitioner brief joseph durant bruce rogow reargued cause respondents briefs phillip hubbart paul friedman reargued cause amicus curiae urging reversal brief solicitor general bork assistant attorney general petersen deputy solicitor general frey raymond marky assistant attorney general reargued cause state florida amicus curiae urging reversal brief robert shevin attorney general george georgieff assistant attorney general briefs amici curiae urging reversal filed arthur bolton attorney general robert stubbs ii executive assistant attorney general richard chambers assistant attorney general john dunsmore deputy assistant attorney general state georgia william guste attorney general walter smith assistant attorney general state louisiana robert quinn attorney general john irwin david mills barbara smith assistant attorneys general michael donahue deputy assistant attorney general commonwealth massachusetts john hill attorney general larry york first assistant attorney general joe dibrell max flusche assistant attorneys general larry gist state texas vernon romney attorney general reid russell chief assistant attorney general state utah slade gorton attorney general malachy murphy deputy attorney general kevin ryan assistant attorney general state washington briefs amici curiae urging affirmance filed daniel pearson louis jepeway dade county bar malvine nathanson national legal aid defender assn briefs amici curiae filed evelle younger attorney general jack winkler chief assistant attorney general doris maier assistant attorney general joseph busch appellate committee california district attorneys assn et al william hyland attorney general howard drucks deputy attorney general state new jersey kimberly cheney attorney general alan cook assistant attorney general state vermont justice powell delivered opinion issue case whether person arrested held trial prosecutor information constitutionally entitled judicial determination probable cause pretrial restraint liberty march respondents pugh henderson arrested dade county charged several offenses prosecutor information pugh denied bail one charges carried potential life sentence henderson remained custody unable post bond florida indictments required prosecution capital offenses prosecutors may charge crimes information without prior preliminary hearing without obtaining leave rule crim proc state hernandez di bona state app time respondents arrested florida rule seemed authorize adversary preliminary hearings test probable cause detention cases rule crim proc amendment florida courts held filing information foreclosed suspect right preliminary hearing see state ex rel hardy blount also held habeas corpus used except perhaps exceptional circumstances test probable cause detention information see sullivan state ex rel mccrory possible methods obtaining judicial determination probable cause special statute allowing preliminary hearing days stat ann arraignment district found often delayed month arrest pugh rainwater supp sd result person charged information detained substantial period solely decision prosecutor respondents pugh henderson filed class action dade country officials federal district claiming constitutional right judicial hearing issue probable cause requesting declaratory injunctive relief respondents turner faulk also custody informations subsequently intervened petitioner gerstein state attorney dade county one several defendants initial delay florida legislature considered bill afforded preliminary hearings persons charged information district granted relief sought pugh rainwater supra certified case class action fed rule civ proc held fourth fourteenth amendments give arrested persons charged information right judicial hearing question probable cause district ordered dade county defendants give named plaintiffs immediate preliminary hearing determine probable cause detention also ordered submit plan providing preliminary hearings cases instituted information defendants submitted plan prepared sheriff wilson purdy district adopted modifications final order prescribed detailed procedure supp sd upon arrest accused taken magistrate first appearance hearing magistrate explain charges advise accused rights appoint counsel indigent proceed probable cause determination unless either prosecutor accused unprepared either requested time magistrate set date preliminary hearing held within four days accused custody within days released pending trial order provided sanctions failure hold hearing prescribed times preliminary hearing accused entitled counsel allowed confront adverse witnesses summon favorable witnesses transcript made request magistrate found probable cause accused discharged charged offense complaint information indictment returned within days appeals fifth circuit stayed district order pending appeal case awaiting decision dade country judiciary voluntarily adopted similar procedure upon learning development appeals remanded case specific findings constitutionality new dade county system district issued findings however florida amended procedural rules governing preliminary hearings statewide parties agreed district direct inquiry new rules rather dade county procedures amended rules every arrested person must taken judicial officer within hours rule crim proc first appearance similar first appearance hearing ordered district respects crucial one magistrate make determination probable cause rule amendments also changed procedure preliminary hearings restricting felony charges codifying rule hearings available persons charged information indictment rule see rule florida rules criminal procedure supplemental opinion district held amended rules answered basic constitutional objection since defendant charged information still detained pending trial without judicial determination probable cause supp sd reaffirming original ruling district declared continuation practice unconstitutional appeals affirmed modifying district decree minor particulars suggesting form preliminary hearing provided amended florida rules acceptable long provided defendants custody pending trial state attorney gerstein petitioned review granted certiorari importance issue affirm part reverse part ii framed proceedings case presents two issues whether person arrested held trial information entitled judicial determination probable cause detention whether adversary hearing ordered district approved appeals required constitution standards procedures arrest detention derived fourth amendment antecedents see cupp murphy ex parte bollman cranch ex parte burford cranch standard arrest probable cause defined terms facts circumstances sufficient warrant prudent man believing suspect committed committing offense beck ohio see also henry brinegar standard like searches seizures represents necessary accommodation individual right liberty state duty control crime standards seek safeguard citizens rash unreasonable interferences privacy unfounded charges crime also seek give fair leeway enforcing law community protection many situations confront officers course executing duties less ambiguous room must allowed mistakes part mistakes must reasonable men acting facts leading sensibly conclusions probability rule probable cause practical nontechnical conception affording best compromise found accommodating often opposing interests requiring unduly hamper law enforcement allow less leave citizens mercy officers whim caprice point fourth amendment often grasped zealous officers denies law enforcement support usual inferences reasonable men draw evidence protection consists requiring inferences drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime maximum protection individual rights assured requiring magistrate review factual justification prior arrest requirement constitute intolerable handicap legitimate law enforcement thus expressed preference use arrest warrants feasible beck ohio supra wong sun never invalidated arrest supported probable cause solely officers failed secure warrant see ker california draper trupiano practical compromise policeman assessment probable cause provides legal justification arresting person suspected crime brief period detention take administrative steps incident arrest suspect custody however reasons justify dispensing magistrate neutral judgment evaporate longer danger suspect escape commit crimes police submit evidence magistrate state reasons taking summary action subside suspect need neutral determination probable cause increases significantly consequences prolonged detention may serious interference occasioned arrest pretrial confinement may imperil suspect job interrupt source income impair family relationships see goldfarb ransom katz justice crime even pretrial release may accompanied burdensome conditions effect significant restraint liberty see stakes high detached judgment neutral magistrate essential fourth amendment furnish meaningful protection unfounded interference liberty accordingly hold fourth amendment requires judicial determination probable cause prerequisite extended restraint liberty following arrest result historical support common law guided interpretation fourth amendment see carroll common law customary obligatory arrested person brought justice peace shortly arrest hale pleas crown hawkins pleas crown ed see also kurtz moffitt justice peace examine prisoner witnesses determine whether reason believe prisoner committed crime suspect committed jail bailed pending trial discharged custody hale supra hawkins supra stephen history criminal law england initial determination probable cause also reviewed higher courts writ habeas corpus hawkins supra stephen supra see ex parte bollman cranch practice furnished model criminal procedure america immediately following adoption fourth amendment see ex parte bollman supra ex parte burford cranch hamilton dall indications framers bill rights regarded model reasonable seizure see draper douglas dissenting florida procedures challenged person arrested without warrant charged information may jailed subjected restraints pending trial without opportunity probable cause determination petitioner defends practice ground prosecutor decision file information determination probable cause furnishes sufficient reason detain defendant pending trial although conscientious decision evidence warrants prosecution affords measure protection unfounded detention think prosecutorial judgment standing alone meets requirements fourth amendment indeed think previous decisions compel disapproval florida procedure albrecht held arrest warrant issued solely upon attorney information invalid accompanying affidavits defective although opinion explicitly state prosecutor official oath furnish probable cause conclusion implicit judgment arrest illegal fourth amendment recently coolidge new hampshire held prosecutor responsibility law enforcement inconsistent constitutional role neutral detached magistrate reaffirmed principle shadwick city tampa held probable cause issuance arrest warrant must determined someone independent police prosecution see also district reason separation functions expressed justice frankfurter similar context democratic society respect dignity men central naturally guards misuse law enforcement process zeal tracking crime assurance soberness judgment disinterestedness law enforcement alone prevent disregard cherished liberties experience therefore counselled safeguards must provided dangers overzealous well despotic awful instruments criminal law entrusted single functionary complicated process criminal justice therefore divided different parts responsibility separately vested various participants upon criminal law relies vindication mcnabb iii district appeals held determination probable cause must accompanied full panoply adversary safeguards counsel confrontation compulsory process witnesses full preliminary hearing sort modeled procedure used many determine whether evidence justifies going trial information presenting case grand jury see coleman alabama kamisar lafave israel modern criminal procedure ed standard proof required prosecution usually referred probable cause jurisdictions may approach prima facie case guilt ali model code procedure commentary art pp tent draft hearing takes form adversary procedures customarily employed importance issue state accused justifies presentation witnesses full exploration testimony kind hearing also requires appointment counsel indigent defendants coleman alabama supra hearing assumes increased importance procedures become complex likelihood held promptly arrest diminishes see ali model code procedure supra adversary safeguards essential probable cause determination required fourth amendment sole issue whether probable cause detaining arrested person pending proceedings issue determined reliably without adversary hearing standard arrest standard probable cause believe suspect committed crime traditionally decided magistrate nonadversary proceeding hearsay written testimony approved informal modes proof guilt criminal case must proved beyond reasonable doubt evidence confined long experience tradition extent embodied constitution crystallized rules evidence consistent standard rules historically grounded rights system developed safeguard men dubious unjust convictions resulting forfeitures life liberty property dealing probable cause however name implies deal probabilities technical factual practical considerations everyday life reasonable prudent men legal technicians act standard proof accordingly correlative must proved brinegar use informal procedure justified lesser consequences probable cause determination also nature determination require fine resolution conflicting evidence even preponderance standard demands credibility determinations seldom crucial deciding whether evidence supports reasonable belief guilt see miller prosecution decision charge suspect crime say confrontation might enhance reliability probable cause determinations cases cases however value slight justify holding matter constitutional principle formalities safeguards designed trial must also employed making fourth amendment determination probable cause limited function nonadversary character probable cause determination critical stage prosecution require appointed counsel identified critical stages pretrial procedures impair defense merits accused required proceed without counsel coleman alabama wade coleman alabama held preliminary hearing critical stage alabama prosecution majority concurring opinions identified two critical factors distinguish alabama preliminary hearing probable cause determination required fourth amendment first alabama law function preliminary hearing determine whether evidence justified charging suspect offense finding probable cause mean tried fourth amendment probable cause determination addressed pretrial custody sure pretrial custody may affect extent defendant ability assist preparation defense present high probability substantial harm identified controlling wade coleman second alabama allowed suspect confront prosecution witnesses preliminary hearing noted suspect defense merits compromised legal assistance exploring preserving witnesses testimony consideration apply prosecution required produce witnesses although conclude constitution require adversary determination probable cause recognize state systems criminal procedure vary widely single preferred pretrial procedure nature probable cause determination usually shaped accord state pretrial procedure viewed whole limit holding precise requirement fourth amendment recognize desirability flexibility experimentation may found desirable example make probable cause determination suspect first appearance judicial officer see mcnabb determination may incorporated procedure setting bail fixing conditions pretrial release existing procedures may satisfy requirement fourth amendment others may require minor adjustment acceleration existing preliminary hearings current proposals criminal procedure reform suggest ways testing probable cause detention whatever procedure state may adopt must provide fair reliable determination probable cause condition significant pretrial restraint liberty determination must made judicial officer either promptly arrest iv agree appeals fourth amendment requires timely judicial determination probable cause prerequisite detention accordingly affirm much judgment agree fourth amendment requires adversary hearing outlined district decree reverse part remand appeals proceedings consistent opinion ordered footnotes florida law also denies preliminary hearings persons confined indictment see sangaree hamlin rule crim proc procedure challenged case see infra statute may construed make hearing permissive instead mandatory see evans state app op atty cf karz overton app may also superseded subsequent amendments rules criminal procedure florida rules criminal procedure florida rules suggest issue probable cause raised arraignment rule crim proc counsel petitioner represented oral argument arraignment affords suspect opportunity attack sufficiency evidence hold tr oral arg mar appeals assumed without deciding true complaint framed jurisdiction district based respondents ask release state custody even alternative remedy asked state authorities ordered give probable cause determination also relief district ordered named respondents supp sd release neither asked ordered lawsuit come within class cases habeas corpus exclusive remedy preiser rodriguez see wolff mcdonnell turner held charge auto theft following arrest march faulk arrested march charges soliciting ride possession marihuana named defendants included justices peace judges courts authorized hold preliminary hearings criminal cases group law enforcement officers power make arrests dade county gerstein one petitioned certiorari district correctly held respondents claim relief barred equitable restrictions federal intervention state prosecutions younger harris injunction directed state prosecutions legality pretrial detention without judicial hearing issue raised defense criminal prosecution order hold preliminary hearings prejudice conduct trial merits see conover montemuro cf perez ledesma stefanelli minard although ruling held statewide legislative rule unconstitutional outside jurisdiction single judge virtue original complaint ask injunction enforcement state statute legislative rule statewide application since practice denying preliminary hearings persons charged information embodied judicial decisions district therefore jurisdiction issue initial injunction appeals jurisdiction appeal remand constitutionality state statute drawn question first time criminal rules amended district supplemental opinion fairly read declaratory judgment amended rules unconstitutional injunctive decree never amended incorporate holding opinion appeals inconsistent conclusion district enjoin enforcement statewide rule see accordingly district three judges required issuance order see kennedy flemming nestor oral argument counsel informed us named respondents convicted pretrial detention therefore ended case belongs however narrow class cases termination class representative claim moot claims unnamed members class see sosna iowa pretrial detention nature temporary unlikely given individual constitutional claim decided appeal either released convicted individual nonetheless suffer repeated deprivations certain persons similarly situated detained allegedly unconstitutional procedures claim short one distinctly capable repetition yet evading review time complaint filed named respondents members class persons detained without judicial probable cause determination record indicate whether still custody awaiting trial district certified class showing ordinarily required avoid mootness sosna case suitable exception requirement see sosna supra cf rivera freeman length pretrial custody ascertained outset may ended time release recognizance dismissal charges guilty plea well acquittal conviction trial means certain given individual named plaintiff pretrial custody long enough district judge certify class moreover case constant existence class persons suffering deprivation certain attorney representing named respondents public defender safely assume clients continuing live interest case reiterated principle district terms apply equally arrests described heart fourth amendment directive requirement practical governmental search seizure represent efforts officer gather evidence wrongful acts judgment magistrate collected evidence sufficient justify invasion citizen private premises conversation another aspect trupiano overruled rabinowitz overruled turn chimel california issue warrantless arrest generated controversy remains unsettled whether circumstances officer may enter suspect home make warrantless arrest see coolidge new hampshire white dissenting jones primary motivation requirement seems penalty allowing offender escape fact committed crime fear liability false imprisonment hale also recognized judicial warrant commitment called mittimus required brief detention private person hath arrested felon one suspected felony may detain custody till reasonably dismiss much speed conveniently may either things may carry common goal rarely done may deliver constable vill may either carry common goal justice peace examined farther proceeded case shall require may carry immediately justice peace country taken upon examination may discharge bail commit case shall require bringing offender either constable private person justice peace usual safe gaoler expect mittimus warrant detaining hale pleas crown examination prisoner inquisitorial witnesses questioned outside prisoner presence although method proceeding considered quite harsh stephen supra well established prisoner entitled discharged investigation turned insufficient evidence guilt ex parte bollman two men charged aaron burr case committed following examination circuit district columbia filed petition writ habeas corpus opinion chief justice marshall affirmed jurisdiction issue habeas corpus persons custody order federal trial courts following arguments fourth amendment requirement probable cause surveyed evidence prisoners held establish probable cause guilty treason prisoners discharged see also lasson history development fourth amendment constitution similar procedure common law warrant recovery stolen goods said furnished model reasonable search fourth amendment victim required appear justice peace make oath probable cause goods found particular place warrant executed goods seized victim alleged thief appear justice peace prompt determination cause seizure goods detention thief hale supra taylor two studies constitutional interpretation see boyd person arrested warrant received prior judicial determination probable cause rule crim proc warrant may issued upon sworn complaint facts showing suspect committed crime magistrate may also take testimony oath determine reasonable ground believe complaint true contrast held indictment fair upon face returned properly constituted grand jury conclusively determines existence probable cause requires issuance arrest warrant without inquiry ex parte see also giordenello willingness let grand jury judgment substitute neutral detached magistrate attributable grand jury relationship courts historical role protecting individuals unjust prosecution see calandra earlier reached different result ocampo criminal appeal philippine islands interpreting statutory guarantee substantially identical fourth amendment act july stat held arrest warrant issue solely upon prosecutor information since held interpretation statutory guarantee applicable philippines conclusive interpretation cognate provision federal constitution green even result reached ocampo incompatible later holdings albrecht coolidge shadwick standards identical ordinarily need investigation probable cause determination made presumably whomever police arrest must arrest probable cause function police arrest large use interrogating process police headquarters order determine charge committing magistrate probable cause mallory morrissey brewer gagnon scarpelli held parolee probationer arrested prior revocation entitled informal preliminary hearing place arrest provision live testimony preliminary hearing probable cause determination required fourth amendment serves purpose gathering preserving live testimony since final revocation hearing frequently held distance place violation occurred moreover revocation proceedings may offer less protection initial error formal criminal process violations defined statute prosecutor professional duty charge suspect crime unless satisfied probable cause see aba code professional responsibility dr final draft prosecutor shall institute cause instituted criminal charges knows obvious charges supported probable cause american bar association project standards criminal justice prosecution function american college trial lawyers code trial conduct rule criminal justice already overburdened volume cases complexities system processing misdemeanors particular early stages prosecution generally marked delays seriously affect quality justice constitutional doctrine requiring adversary hearings persons detained pending trial exacerbate problem pretrial delay several already authorize determination probable cause stage immediately thereafter see hawaii rev stat rules crim proc interpreted federal rules criminal procedure require determination probable cause first appearance jaben mallory uniform rules criminal procedure proposed final draft person arrested without warrant entitled without unnecessary delay first appearance magistrate determination grounds exist issuance arrest warrant determination may made affidavits testimony presence accused rule persons remain custody inability qualify pretrial release offered another opportunity probable cause determination detention hearing held five days arrest adversary hearing parties may summon witnesses reliable hearsay evidence may considered rule ali model code procedure tent draft tent draft also provides first appearance warrantless arrest must supported reasonably detailed written statement facts magistrate may make determination probable cause hold accused required accused may request attorney adjourned session first appearance held within two days session magistrate makes determination probable cause upon combination written live testimony arrested person may present written testimonial evidence arguments discharge state may present additional written testimonial evidence arguments reasonable cause believe committed crime accused state submission may made means affidavits witnesses shall required appear unless light evidence arguments submitted parties determines basis believing appearance one witnesses arrested person seeks subpoenas might lead finding reasonable cause tent draft probable cause determination constitutional prerequisite charging decision required suspects suffer restraints liberty condition appear trial many kinds pretrial release many degrees conditional liberty see american bar association project standards criminal justice pretrial release uniform rules criminal procedure rule proposed final draft define specifically require prior probable cause determination key factor significant restraint liberty concurring opinion justice stewart objects choice fourth amendment rationale decision suggests offers less procedural protection person jail requires certain civil cases deal complex procedures criminal case threshold right guaranteed fourth amendment historical basis probable cause requirement quite different relatively recent application variable procedural due process disputes termination government created benefits fourth amendment tailored explicitly criminal justice system balance individual public interests always thought define process due seizures person property criminal cases including detention suspects pending trial part supra moreover fourth amendment probable cause determination fact first stage elaborate system unique jurisprudence designed safeguard rights accused criminal conduct relatively simple civil procedures prior interview school principal suspension presented cases cited concurring opinion inapposite irrelevant wholly different context criminal justice system practicable follow suggestion implicit justice stewart concurring opinion leave another day determination procedural safeguards required making probable cause determination fourth amendment judgment review declares right detained without probable cause determination affirms district order prescribing adversary hearing implementation right circumstances case thus require decision issues justice stewart justice douglas justice brennan justice marshall join concurring concur parts ii opinion since constitution clearly requires least timely judicial determination probable cause prerequisite pretrial detention florida provide defendants custody pending trial fair reliable determination probable cause detention respondents members class represent entitled declaratory injunctive relief determined florida current pretrial detention procedures constitutionally inadequate think unnecessary go way dicta particular abstract attempt specify procedural protections constitutionally need accorded incarcerated suspects awaiting trial specifically see need case say constitution extends less procedural protection imprisoned human required test propriety garnishing commercial bank account north georgia finishing custody refrigerator mitchell grant temporary suspension public school student goss lopez suspension driver license bell burson although may true fourth amendment balance individual public interests always thought define process due seizures person property criminal cases ante case involve initial arrest rather continuing incarceration presumptively innocent person accordingly join effort foreclose claim traditional requirements constitutional due process applicable context pretrial detention prerogative state first instance develop pretrial procedures provide defendants pretrial custody fair reliable determination probable cause detention required constitution cf morrissey brewer constitutionality particular method determining probable cause properly decided evaluating state pretrial procedures whole isolating particular part total system recognizes great diversity exists among procedures employed aspect criminal justice system ante adequate opportunity evaluate appropriate future case constitutionality new procedures may adopted florida response judgment today holding florida present procedures constitutionally inadequate