Legal Opinion
Stewart v. Abraham
Court of Appeals for the Third Circuit
Decided December 26, 2001No. 00-2358UnknownCited by 82 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge.
This civil rights action mounts a Fourth Amendment challenge to a practice of the Philadelphia District Attorney’s Office which the parties have labeled “the rearrest policy.”
I
Rule 5021 of the Pennsylvania Rules of Criminal Procedure provides that a criminal proceeding may “be instituted by ... an arrest without a warrant” if there is probable cause to believe that the subject has committed a felony. Pa. R.Crim. P. 502. In the case of a warrantless arrest, a complaint is filed and a “preliminary arraignment” is held “without unnecessary delay.” Pa.…
2Cases cited18 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Carroll v. United StatesSupreme Court of the United States · 1925
- Beck v. OhioSupreme Court of the United States · 1964
- Gerstein v. PughSupreme Court of the United States · 1975
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Robert Stewart v. Lynne AbrahamCourt of Appeals for the Third Circuit · 2001
- Daves v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2022
- Daves v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2023
- Emily Fitzmorris, et al. v. New Hampshire Department of Health and Human Services Commissioner Lori Weaver, et al.District Court, D. New Hampshire · 2023
- Robert W. Clough, II on behalf of himself and other similarly situated v. Revenue Frontier, LLC et al.District Court, D. New Hampshire · 2019
77 more not listed; retrieve them via the Exa API.