Legal Opinion
Van Atta v. Scott
California Supreme Court
Decided July 3, 1980No. S.F. 23946PublishedCited by 90 opinions
1Opinion of the Court
Opinion
BIRD, C. J.
This court must decide the narrow issue as to whether the trial court was correct when it held that the pretrial release and detention system employed by the City and County of San Francisco violates the due process clauses of the state and federal Constitutions.
I
When an individual is arrested in San Francisco three methods of pretrial release are available: (1) citation (Pen. Code, §§ 853.5, 853.6); (2) bail (Pen. Code, § 1268 et seq.); or (3) own recognizance release (Pen. Code, § 1318 et seq.).1
Release by citation is limited by police regulations to misdemeanor offenses…
2Cases cited58 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Morrissey v. BrewerSupreme Court of the United States · 1972
- In Re WINSHIPSupreme Court of the United States · 1970
- Gerstein v. PughSupreme Court of the United States · 1975
- Meachum v. FanoSupreme Court of the United States · 1976
53 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
- Dix v. Superior CourtCalifornia Supreme Court · 1991
- Pacific Legal Foundation v. California Coastal CommissionCalifornia Supreme Court · 1982
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
- Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
85 more not listed; retrieve them via the Exa API.