United States Sixth Circuit

If defendant was being held on a warrantless DWI arrest, his Fourth Amendment rights were violated through a seventy-two hour detention without a probable cause hearing, but if such detention was due to a warrant from another jurisdiction, then it does not automatically violate his Fourth Amendment rights. (Amended opinion)

Appellate Information

• Argued 03/06/2002
• Decided 09/18/2002
• Published 06/02/2003

Judges

• Before:  MOORE and COLE, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Edward A. Icove (briefed), Smith & Condeni, Cleveland, OH, Gary M. Smith (argued and briefed), Judith B. Goldstein, Equal Justice Foundation, Columbus, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Timothy T. Reid (argued and briefed), Reid, Berry, Marshall & Wargo, Cleveland, OH, for Defendants-Appellees.