Legal Opinion

In Re Florida Rules of Criminal Procedure

Supreme Court of Florida

Decided March 26, 1975No. 44958-APublishedCited by 6 opinions

1Opinion of the Court

309 So.2d 544 (1975)

In re FLORIDA RULES OF CRIMINAL PROCEDURE.

No. 44958-A.

Supreme Court of Florida.

March 26, 1975.

2Per curiam

Appended to this order are amended and new rules of The Rules of Criminal Procedure.

These amendments and new rules are necessitated by the United States Supreme Court's decision construing the Florida Rules of Criminal Procedure in Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54, and its specific holding that "the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint on liberty following arrest."

These rules shall…

3Cases cited1 opinion

  1. Gerstein v. PughSupreme Court of the United States · 1975

4Cited by6 opinions

  1. State v. GriffithSupreme Court of Florida · 1976
  2. State v. RiveroDistrict Court of Appeal of Florida · 1981
  3. Cameron v. StateSupreme Court of Florida · 1976
  4. Pugh v. RainwaterDistrict Court, S.D. Florida · 1976
  5. Gregory Hartmann v. Brian ChudzikCourt of Appeals for the Third Circuit · 2026

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