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University of Baltimore Law Review

Abstract

In Gerstein v. Pugh the United States Supreme Court held that although a suspect arrested without a warrant is entitled to a judicial determination of probable cause to detain, the procedure for such a determination is not a "critical stage" of the prosecution. The author examines the implementation of the Gerstein decision in Maryland and concludes that the present procedures are inadequate to safeguard Fourth Amendment rights of an accused.

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