Gerstein v. Pugh

Facts

The Respondents, Pugh and Henderson (the “Respondents”), were arrested in Dade County Florida and charge under a prosecutor’s information with various offenses. One was denied bail and the other could not post bail. In Florida, an indictment is only needed if a crime is a capital offense. An information is sufficient for all other crimes. The law in Florida forbid a suspect from having a preliminary hearing if they are charged via an information. Also, a habeus corpus was only available in extraordinary circumstances. The only way to obtain a judicial determination of probable cause was a statute allowing a preliminary hearing after 30 days and arraignment, which is often delayed about a month after an arrest. Based on these procedures, an individual charged on an information can be detained for a long period of time solely based on what a prosecutor does. The Respondents filed a class action against Dade County officials in federal court arguing that they have a constitutional right to a hearing on probable cause and declaratory and injunctive relief. The District Court held that “that the Fourth and Fourteenth Amendments give all arrested persons charged by information a right to a judicial hearing on the question of probable cause.” Respondents were ordered to be given an immediate preliminary hearing to determine probable cause for further detention and the Dade County defendants were ordered to promulgate a plan allowing for preliminary hearings in cases instituted by an information. The defendants submitted a plan and the District court made a few changes, but adopted it. It was a very detailed plan. The Fifth Circuit Court of Appeals stayed the District Court’s order pending an appeal, and before the Fifth Circuit heard the appeal, the Dade County judiciary adopted a plan similar to that accepted by the District Court. The Court of Appeals remanded the case for specific findings as to the constitutionality of Dade County system. Before the District Court issued a ruling, the Florida Supreme Court “amended the procedural rules governing preliminary hearings statewide, and the parties agreed that the District Court should direct its inquiry to the new rules rather than the Dade County procedures.” Pursuant to the new rules “every arrested person must be taken before a judicial officer within 24 hours. This ‘first appearance’ is similar to the ‘first appearance hearing’ ordered by the District Court in all respects but the crucial one: the magistrate does not make a determination of probable cause. The rule amendments also changed the procedure for preliminary hearings, restricting them to felony charges and codifying the rule that no hearings are available to persons charged by information or indictment.” “In a supplemental opinion the District Court held that the amended rules had not answered the basic constitutional objection, since a defendant charged by information still could be detained pending trial without a judicial determination of probable cause. Reaffirming its original ruling, the District Court declared that the continuation of this practice was unconstitutional. The Court of Appeals modifying the District Court’s decree in minor particulars and suggesting that the form of preliminary hearing provided by the amended Florida rules would be acceptable, as long as it was provided to all defendants in custody pending trial.”