The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Monday, January 7, 1991
Decision: Monday, May 13, 1991
Issues: Criminal Procedure, Search and Seizure

Advocates

Timothy T. Coates (Argued the cause for the petitioners)
Dan Stormer (Argued the cause for the respondents)

Facts of the Case

McLaughlin was arrested without a warrant and argued that Riverside did not act promptly (within 48 hours) on judicial probable cause determinations and arraignment procedures in his case and others.

Question

Did Riverside violate the Court's holding in Gerstein v. Pugh (420 U.S. 103), which required prompt probable cause determinations?

Conclusion

The Court held that Riverside's actions did not comply with the Gerstein precedent. Justice O'Connor argued that it was the state's burden to demonstrate extraordinary circumstances when delaying probable cause determinations beyond 48 hours. The lower court in this case had placed that responsibility on the accused. Intervening weekends or complicated pretrial proceedings were not legitimate reasons for delay.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Full Opinion: Criminal Procedure, Search and Seizure: 5 - 4
Voted with the majority, joined O'Connor's opinion
Rehnquist
Voted with the majority, joined O'Connor's opinion
White
Voted with the minority, authored a dissent
Marshall
Voted with the minority, joined Marshall's dissent
Blackmun
Voted with the minority, joined Marshall's dissent
Stevens
Voted with the majority, authored an opinion
O'Connor
Voted with the minority, authored a dissent
Scalia
Voted with the majority, joined O'Connor's opinion
Kennedy
Voted with the majority, joined O'Connor's opinion
Souter

Cite this page

The Oyez Project, Riverside County v. McLaughlin, 500 U.S. 44 (1991),
available at: <http://www.oyez.org/cases/1990-1999/1990/1990_89_1817/>
(last visited ).