# County of Riverside v. McLaughlin > Supreme Court of the United States · May 20, 1991 · 500 U.S. 44 URL: https://www.frixlaw.com/law-library/cases/9432265 ## Case - **Full name:** COUNTY OF RIVERSIDE Et Al. v. McLAUGHLIN Et Al. - **Court:** Supreme Court of the United States - **Decided:** May 20, 1991 - **Citations:** 500 U.S. 44; 111 S. Ct. 1661; 114 L. Ed. 2d 49; 1991 U.S. LEXIS 2528 - **Precedential status:** Published - **Opinion:** Dissent by Marshall - **Judges:** O'Connor, Rehnquist, White, Kennedy, Souter, Marshall, Blackmun, Stevens, Scalia - **Cited by:** 1,393 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9432265 ## How later opinions describe it (automated extraction) - explaining that the Court has stopped short of requiring immediate probable cause hearings because of “the burden that proliferation of pretrial proceedings places on the criminal justice system” and the fact that “the interests of everyone involved, including those persons wh… - stating that “[w]here an arrested individual does not receive a probable cause determination within 48 hours, the calculus changes. In such a case, the arrested individual does not bear the burden of proving an unreasonable delay. Rather, the burden shifts to the government to… - holding that a probable cause determination must be held within 48 hours of the arrest; even if held within 48 hours, it may be unconstitutional if such determination was “delayed unreasonably,” such as for the purpose of gathering additional evidence to justify the arrest, a … - finding that the bail hearings held within sixty-eight hours were constitutional under the Fourth Amendment, where the plaintiffs were arrested on a Friday and a Saturday and waited until Monday at 1:30 p.m. to receive a bail hearing—with the longest waiting sixty-eight hours—… - stating that delays of less than 48 hours for judicial determinations of probable cause are presumptively reasonable, unless detainee can prove that determination was delayed unreasonably, and noting that “[c]ourts cannot ignore the often unavoidable delays in transporting arr… ## Opinion text Justice Marshall, with whom Justice Blackmun and Justice Stevens join, dissenting. In Gerstein v. Pugh, 420 U. S. 103 (1975), this Court held that an individual detained following a warrantless arrest is entitled to a “prompt” judicial determination of probable cause as a prerequisite to any further restraint on his liberty. See id., at 114-116, 125 . I agree with Justice Scalia that a probable-cause hearing is sufficiently “prompt” under Gerstein only when provided immediately upon completion of the “administrative steps incident to arrest,” id., at 114 . See post, at 62-63. Because the Court of Appeals correctly held that the County of Riverside must provide probable-cause hearings as soon as it completes the administrative steps incident to arrest, see 888 F. 2d 1276 , 1278 (CA9 1989), I would affirm the judgment of the Court of Appeals. Accordingly, I dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9432265. Public record. Not legal advice.