United States v. Salerno
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
General educational information, not legal advice. Not a law firm. This page describes what a court decided in general terms. It does not tell you what to do in any case.
- Court
- U.S. Supreme Court
- Decided
- Citation
- 481 U.S. 739 (1987)
- Topics
- Bail & Pretrial Release
What did the court decide?
The Court upheld the federal Bail Reform Act of 1984, which allows a court to hold an arrested person before trial if the government shows by clear and convincing evidence that no release conditions will reasonably protect others and the community.
Why does it matter?
Pretrial detention based on danger is allowed, but only with procedural protections such as a hearing.
Where can I read the full opinion?
Read the full opinion on Cornell Law School LII →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.
Related rulings
General educational information, not legal advice. Not a law firm.