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Criminal Procedure Keyed to Chemerinsky
United States v. Salerno
Citation:481 U.S. 739 (1987)
Salerno (Respondent) was charged with fraud and various other offenses, and the district court granted the government’s motion for pretrial detention. The government presented evidence from a wiretap and witness testimony indicating that Salerno would present a danger to the community if he were not detained before his trial. The Second Circuit reversed, holding that the provision of the Bail Reform Act allowing for pretrial detention under these circumstances was unconstitutional to the extent that it permits pretrial detention on the ground that the arrestee is likely to commit future crimes.
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