Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2.
The case of Florida versus Jardines was heard before the Supreme Court on October 31, 2012 and a decision was made on March 26, 2013. The Supreme Court ruled in favor of Jardines. This case challenged the fundamental core of the Fourth Amendment, which protects against unreasonable search and seizure. The ruling of this case has impacted how law officials handle searches and the use of drug dogs. This case also challenged the boundary line of where personal property starts. This case is regarded as one of the influential cases in the interpretation of fourth amendment.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
It made it to the Court of Appeals because of writ of certiorari Key Issues If the police made false arrest? Did the police have probable cause to make an arrest? If they didn’t have probable cause to make the arrest do they have qualified immunity?
I believe this particular decision was one made in haste and based solely on political preference rather than based on having a fair and impartial electoral process that would benefit society rather than the justices. The Supreme Court stepped in and decided the election for the voters, which was an
Following a jury trial in the Circuit Court for Prince George’s County, appellant, Robert Eugene Caldwell (“Caldwell”), was convicted of two counts of conspiracy to commit second-degree burglary. The jury, however, acquitted Caldwell of seven other charges. For each of Caldwell’s conspiracy convictions, he received 15 years’ incarceration with all but five years suspended, and five years of supervised probation. On appeal, Caldwell presents three issues for our review, which we rephrase and reorder as follows: 1. Whether the circuit court erred in denying Caldwell’s motions for a mistrial.
Each State conducts its own criminal justice system, separate from federal authority, under the reserved powers of the Constitution. Alabama has its own bill of rights that recognizes the right of the accused to obtain counsel, but does not require the State to pay for attorneys to defend accused persons.” As for Powell the argument stated was this, “The young black men 's right to counsel was so fundamental to criminal proceedings that any trial conducted without a defense attorney was not a fair trial at all. Alabama 's conduct of the trial was unfair—a violation of a basic rule of decency and justice under the Constitution.” These two vastly different arguments made it rather challenging for the Supreme court to make a decision that was not favoring one side.
In this case Kyllo v. United States, the Supreme Court ruled against the vitric of the lower courts on a 5 to 4 vote. The questions that need to be answered in this case, in my opinion serve a bigger purpose then the case at hand. The case itself is about a man named Danny Kyllo who was growing marijuana plants inside his home illegally. An officer of the U.S Interior Department got a tip that this man was illegally growing plants inside his home and went to investigate this. Obviously a tip from an unknown is not enough information to get a warrant to search the man’s property.
Supreme Court, Section 4 was declared unconstitutional because the discrimination and constraints in voting rights is not the same today that it was fifty years ago. This case represents an argument in favor of the Elections Clause to become the standard for voting rights as it gives legislative authority of this nature to Congress. Through this Clause, there is also an argument in favor of national proportional voting to fight the continued issue of gerrymandering. Beginning with the case of Shelby County v. Holder, the U.S. Supreme Court has the opportunity to redefine the protections and sources of authority defined under voting rights legislation under the new
Spring Branch I.S.D. v. Stamos Supreme Court of Texas, 1985 695.S.W.2d 556 [27 Educ. L. Rep. 640] This case examined the constitutionality of the Texas Education Code 21.920 (b) “No Pass, No Play” rule: A student, other than a mentally retarded student, enrolled in a school district in this state shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district during the grade reporting period after a grade reporting period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class. The campus principal may remove this suspension if the class is an identified honors or advanced class. A student may not be suspended under this subsection
Heading: - Strickland v. Washington 466 US 668 (1984) II. Facts & Procedural History - In September 1976, during the course of ten days, the respondent, Strickland, planned and committed three groups of crimes, including three brutal stabbing murders, torture, kidnapping, severe assaults, attempted murders, attempted extortion, and theft. His two accomplices were arrested, and the respondent surrendered to police.