Kitrich Powell v. Nevada (511 U.S. 79)
U.S. Supreme Court · decided March 30, 1994 · Supreme Court Database (Spaeth)
- Citation
- 511 U.S. 79 · 114 S. Ct. 1280
- Decided
- March 30, 1994
- Term
- October Term 1993
- Vote
- 7–2
- Majority author
- Justice Ginsburg
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. In Gerstein v. Pugh, 420 U. S. 103 (1975), we held that the Fourth Amendment’s shield against unreasonable seizures requires a prompt judicial determination of probable cause following an arrest made without a warrant and ensuing detention. County of Riverside v. McLaughlin, 500 U. S. 44 (1991), established that “prompt” generally means within 48 hours of the warrantless arrest; absent extraordinary circumstances, a longer delay violates the Fourth Amendment. In the case now before us, the Supreme Court of Nevada stated that McLaughlin does not apply to a prosecution commenced prior to the rendition of that decision. We hold that the Nevada Supreme Court misread this Court’s precedent: “[A]... rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal,... not yet final” when the rule is announced. Griffith v. Kentucky, 479 U. S. 314, 328 (1987). I Petitioner Kitrich Powell was arrested on Friday, November 3, 1989, for felony child abuse of his girlfriend’s 4-year-old daughter, in violation of Nev. Rev. Stat. § 200.508 (1991). That afternoon, the arresting officer prepared a sworn declaration describing the cause for and circumstances of the arrest. Not until November 7, 1989, however, did a Magistrate find probable cause to hold Powell for a preliminary hearing. That same…
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