Prompt probable-cause review after arrest

Gerstein v. Pugh

420 U.S. 103 (1975)

Decision date

February 18, 1975

Record type

U.S. Reports opinion

Source checked

September 4, 2026

InmateLink explanation

What this case helps you understand

Gerstein addresses prompt judicial probable-cause review after a warrantless arrest before extended restraint. It is about a neutral probable-cause determination, not a full adversarial trial or a bail decision.

Limits to check

Gerstein does not set every local arrest, charging, bail, or trial procedure; later decisions address timing and exceptions.
The required timing and available review process depend on the governing law and the facts of the arrest.

Do not assume

A probable-cause review does not decide guilt, bail, or whether all evidence is admissible.
The same timing result does not automatically apply to every arrest or every delay.

Questions to check

Was the arrest made without a warrant, and when did a neutral decision-maker review probable cause?
What timing rule or recognized exception does the governing jurisdiction apply?

Review scope: Primary U.S. Reports record plus the listed official later-treatment anchors; not a citator or exhaustive current-law review. Reviewed September 4, 2026. This is an InmateLink explanation, not copied opinion text or legal advice.

Official primary source

Open the court record

This page identifies the official opinion record and its citation. Read the complete opinion at the official publisher before relying on it.

Open official opinion record

Publisher: U.S. Government Publishing Office · GovInfo
Official citation: 420 U.S. 103 (1975)

Current-treatment boundary

Review is intentionally not exhaustive.

InmateLink has not published a complete current-rule statement for this case. Later opinions, statutes, court rules, and state-law limits may change how a principle applies. Treat the links below as a research trail, not legal advice.

Related official treatment anchors

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