Alfredo A. V. Superior Court

In Gerstein v. Pugh (1975) 420 U.S. 103 [43 L. Ed. 2d 54, 95 S. Ct. 854] (hereafter Gerstein), the United States Supreme Court held that the Fourth Amendment requires a prompt judicial determination of "probable cause to believe the suspect has committed a crime" as a prerequisite to an extended pretrial detention following a warrantless arrest. (, at pp. 114, 120 [43 L. Ed. 2d at pp. 65, 69].) The court stopped short of mandating a specific timetable for making a "prompt" determination of probable cause.