In Re Walters

Petitioner Leonard Austin Walters seeks a writ of habeas corpus claiming that the absence of a judicial determination of probable cause for his detention following a warrantless arrest for a misdemeanor renders that detention constitutionally impermissible. (U.S. Const., 4th Amend.; Cal. Const., art. I, §§ 7, 13.) In light of the recent United States Supreme Court decision in Gerstein v. Pugh (1975) 420 U.S. 103 [ 43 L.Ed.2d 54 , 95 S.Ct. 854 ] we agree with petitioner and hold that a judicial determination of probable cause to hold an arrestee for trial on a misdemeanor charge must be made if the arrestee requests that determination, unless pending trial he is released on his own recognizance. We will set forth herein pretrial procedural guidelines which in our view satisfy constitutional requirements for such a judicial determination of probable cause to detain for trial those arrested on misdemeanor charges.

On February 15, 1975, petitioner was arrested without a warrant by a deputy sheriff on misdemeanor charges of possession of marijuana (Health & Saf. Code, § 11357) and being under the influence of an intoxicating liquor or drug (Pen. Code, § 647, subd. (f)). A…