Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language.
Facts: Katz had long been suspected by police to be involved in the local illegal gambling scene. In an effort to obtain credible evidence of his illegal activities, the police placed Katz under surveillance (Katz v United States, 1967). That surveillance revealed that Katz liked to use a particular phone booth, which police suspected Katz used to place bets. Consequently, the police attached a “bug” or listening device to the phone booth in order to record Katz’s conversation and hopefully obtain evidence against him. The bug was able to record Katz making bets and the police used those recordings to arrest and prosecute Katz.
The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy. The staff nurse followed all protocols defined by the hospital. When Monroe arrived at the hospital there was no apparent emergency. Moreover, the nurse went above and beyond to provide for her, she gave Monroe information where to get OB services and even offered an ambulance
In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures. According to Wolf v Colorado (1949) wolf’s attorneys case was that since the evidence that was obtained and used against him in court was not lawfully obtained it should not be admissible due to the fact that if it was a federal case automatically it would not have been admissible. So it did not make sense that it would be different for the state courts.
Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution. This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all
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.
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
On June 19, 1961, the Mapp v. Ohio case was taken to the U.S. Supreme Court in Washington D.C. The situation addressed in court was a violation of the Fourth Amendment. The Fourth Amendment states that people have the right to be secure in their houses, and it forbids unreasonable searches and seizures. Mapp took to court when police forcibly entered her home in Cleveland, Ohio without showing any warrant. The police suspected Mapp of harboring a bomb suspect in her home and possessing illegal betting equipment. After she refused to let them in, the police torn off the screen door and broken the glass to gain entry. Mapp argued it was an invasion of privacy along with a violation to the Bill of Rights and Constitution. While the police did not find either of the two things they were looking for; they did find other illegal material in
Police believed that Mapp was harboring a suspected bomber, and demanded entry. No suspect was found, but police discovered a trunk of obscene pictures in Mapp 's basement. Mapp was arrested for possessing the pictures, and was convicted in an Ohio court where she lost the case in fighting her for first amendment rights. Then, Mapp argued that her Fourth Amendment rights had been violated by the search of the officers and got her case taken to the U.S. Supreme Court where she won. At the time of the case, unlawfully seized evidence was banned from federal courts but not state courts, meaning that the evidence found in Mapp’s home was used against her in the Ohio court, but not the U.S. Supreme Court. A 6-3 decision was made for this case between the nine justices. The nine justices were Earl Warren, Hugo Black, Felix Frankfurter, William O. Douglas, Tom C.Clark, John M, Harlan II, WIlliam Brennan, Jr. Charles E. Whittaker, and Potter Stewart. The chief justice was Earl Warren. Clark, joined by Warren, Douglas and, Brennan were apart of the majority opinion which applied the exclusionary rule and several earlier decisions that had begun the
This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned.
The case of Mapp vs. Ohio is a case of illegal search and seizure. It went to the Supreme Court in 1961. It is important to today’s society because it might mean the difference between guilty and innocent. I agree with the Supreme Court because it is illegal to access private property without a warrant or consent. The case lasted until June 19, 1961.
Chief Justice Rehnquist was the judge who wrote the majority opinion for the court. He reversed the Ninth Circuit Court of Appeals decision that a ban on physician-assisted suicide symbolized
In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland. In response to this, “The Maryland legislature responded to this action by levying a tax on all branches of banks “not chartered by the legislature”—a move aimed at destroying the Baltimore branch of the Bank of the United States."1James McCulloch who was a banker at the branch in Baltimore refused to pay the annual tax. He was convicted by Maryland state court and fined a total of 2,500 dollars. Losing at the state
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. So agent Elliot choose to observe his house from the outside and use a thermal imaging device which takes a picture of the home and the homes in the neighborhood to see how much heat is home is radiating compared to the homes around him. This excess heat from his home could help
In the late evening hours of October 30, 1992, Terry Toops, Warren Cripe, and Ed Raisor were at Toops’s home in Logansport, Indiana, drinking beer. Around 3:00 a.m. the following morning the trio decided to drive to a store in town. Because he was intoxicated, Toops agreed to allow Cripe to drive Toops’s car. Toops sat in the front passenger seat and Raisor sat in the rear. Toops began to feel ill during the drive and stuck his head out the window for fresh air.