Listen to the oral arguments before the USSC for the following two cases. Retrieve the written opinions for each case through Westlaw. Download and save both cases as PDF files. Read both opinions thoroughly.
- Listen to the oral arguments before the USSC then read County of Riverside v. McLaughlin, 500 U.S. 44 (1991).
- Listen to the oral arguments before the USSC then read Gerstein v. Pugh, 420 U.S. 103 (1975).
Draft complete responses for the following questions. Provide properly formatted and embedded pinpoint citations for each response indicating the page number within the case where your information came from. Refer to the Bluebook materials.
- What was the Court’s rationale for its ruling in Gerstein?
- Why does the Court discuss Gerstein in McLaughlin?
- Why did the Court determine in McLaughlin that 48 hours was a reasonable time to satisfy the Fourth Amendment’s interest in determining probable cause?
- In McLaughlin, what interests did the Court balance in making its decision?
- What administrative steps and specific circumstances did the Court in McLaughlin consider when balancing those interests?
- During the oral argument for Pugh, which question was asked by the Court that best “hints” at the decision they ultimately made, as stated in their written opinion? Instead of providing a citation for this response, refer to the “time” shown on the video player’s screen. For example, 00:01:23 (i.e., the question was asked 1 hour and 23 minutes into the recording).
- During the oral argument for McLaughlin, which question was asked by the Court that best “hints” at the decision they ultimately made, as stated in their written opinion? Instead of providing a citation for this response, refer to the “time” shown on the video player’s screen. For example, 00:01:23 (i.e., the question was asked 1 hour and 23 minutes into the recording).