In this case, Gerald N. Van Atta, Jr.sued the Donald M. Scott, Chief of Police of the City and County of San Francisco. The issue here was "whether the trial court was correct when it held that the pretrial release and detention system employed by the City and County of San Francisco violates the due process clauses of the state and federal Constitutions." It considers "own recognizance release," (OR) which the court notes is the "poor person's alternative to bail," as those without the funds, or access to funds, to post bail are more likely to remain in jail. There is dedicated staff for the OR project, and they use a point system (based on residence, family, and employment) to determine the likelihood of the detainees appearance in future court proceedings. The court notes, "...the presumption is against OR release and the detainee bears the burden of showing that his application is meritorious." The decision rests solely on the discretion of the judge. The issue here is also the assumption that, if hte detainee were released prior to a trial, that they would flee.

The court writes: "Plaintiffs contend, and the trial court held, that due process requires both the burden of producing evidence and the burden of proof to be borne by the prosecution at the OR hearing." They also note: "If an adverse ruling is made at the OR hearing, the detainee's loss of liberty is total." It also considers placing the burden of proof on the prosecution instead of the judge, as well as the issue of the cost of these amendments to current procedure.

In conclusion, the court decides: "...(1) the prosecution must bear the burden of producing evidence of the detainee's record of non-appearance at prior court hearings and of the severity of sentence the detainee faces; (2) the detainee should bear the burden of producing evidence of community ties; (3) the prosecution must bear the burden of proof concerning the detainee's likelihood of appearing at future court proceedings; and (4) the court is not constitutionally required to issue a statement of reasons when OR release is denied."