Legal Opinion

United States v. Salerno

Supreme Court of the United States

Decided May 26, 1987No. 86-87PublishedCited by 4,956 opinions

1Opinion of the CourtChief Justice Rehnquist

The Bail Reform Act of 1984 (Act) allows a federal court to detain an arrestee pending trial if the Government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions “will reasonably assure . . . the safety of any other person and the community.” The United States Court of Appeals for the Second Circuit struck down this provision of the Act as facially unconstitutional, because, in that court’s words, this type of pretrial detention violates “substantive due process.” We granted certiorari because of a conflict among the Courts of Appeals regarding…

2Cases cited26 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Gerstein v. PughSupreme Court of the United States · 1975
  4. Rochin v. CaliforniaSupreme Court of the United States · 1952
  5. Addington v. TexasSupreme Court of the United States · 1979

21 more not listed; retrieve them via the Exa API.

3Cited by4,956 opinions

  1. Sandin v. ConnerSupreme Court of the United States · 1995
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Albright v. OliverSupreme Court of the United States · 1994
  4. County of Sacramento v. LewisSupreme Court of the United States · 1998
  5. Kingsley v. HendricksonSupreme Court of the United States · 2015

4,951 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API