Name: Terry v. Ohio 392 US1 Supreme Court 1968 Facts: The incident occurred on October 31st 1963 at approximately 2:30pm in the afternoon. The police officer who was dressed in plain clothes was attracted by Terry and Chilton who were casing a store. With 30 years of prior experience in the area. The officer knew casing when he saw it. He had been assigned to that area specifically in search for shoplifters and pick pockets. It was apparent that these men are in fact casing. It is stated that they were pausing to stare in the same window about 24 times all followed by the same route. There was a third man associated with it as well. The officer had noticed the petitioner who kept talking with another individual on the street corner and then
McCulloch vs Maryland Summary 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.
On July 29, 2003 Detective Jason Leavitt was a part of a decoy operation with an undercover arrest team ; he was dressed on black jeans, a dirty short- sleeved flannel shirt on top of a dirty-t shirt, and a baseball cap to apart as a drunk homeless man . Detective Leavitt carried Twenty one-dollar bills in his breast pocket, to attract a thief. Leavitt was on the block of 200 Main St across from the Greyhound station. The Appellant Richard Miller approached Detective Leavitt on this very street to ask him for money. Detective Leavitt told Miller he was not going to give him an money, Leavitt testified that the appellant put his arm around him and asked him to go get a drink.
Title: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.
Lawrence v. Texas 539 US 558 (2003) Case Facts: In September 1998, a same-sex couple in Houston, Texas were arrested in their own apartment after police found them engaging in a consensual, intimate, sexual act. The two men, John Lawrence and Tyron Garner, were convicted of violating the Texas “Homosexual Conduct” Law, which made it a Class-C misdemeanor for same-sex adults to engage in sexual intercourse and considered it illegal sodonomy. The statute was created in 1973 after the state changed its criminal code to end the banning of heterosexual anal or oral sex. The sheriff deputies arrested and charged the couple for performing “deviate sexual intercourse” as listed in the mentioned in the Texas statute.
Case Identification: 428 U.S. 153; 96 S. Ct. 2909; 49 L. Ed. 2d 859; No. 74-6257; Gregg v. Georgia. It was argued on March 31, 1976 and was decided on July 2, 1976. Facts: The defendant, Troy Gregg, sought the review of the decision from the Supreme Court of Georgia, which affirmed the opinion that the death penalty is not a violation of the eighth and fourteenth amendments. Gregg was charged with armed robbery and murder.
On May 23, 1957, three police officers in the city of Cleveland, Ohio knocked on the door of Dolly Mapp and held up a piece of paper that wasn’t the warrant that gave them access inside. The three officers gave Mapp very little information as to why they were there. The real reason they were there was because an anonymous phone tip stated that Virgil Ogletree, a suspect of a recent bombing, was
In Brandenburg v. Ohio, in 1969, problems arose when Brandenburg, a leader of a Klu Klux Klan, held a KKK meeting in an Ohio farm. In the convention Brandenburg was filmed as he complained about the United States suppressing the white race. For the most part the film was inaudible but it was certain that Brandenburg had stated some demeaning opinions on African Americans and Jews. In the assembly some Klu Klux Klan members were holding weapons. Though Brandenburg was not, he made it clear that violence would not take place unless it was necessary.
Worcester v. Georgia By Sydney Stephenson 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. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.
Although current law does not distinctly define TBIs according to mens rea or diminished capacity, a possible defense that may appropriately be applied to criminal cases is the law as it relates to mitigating circumstances in sentencing. The Florida case of Cooper v. State (1999) is just one of very few cases in the country that seemingly acknowledges the fact that recurrent or traumatic head injuries may be a mitigating factor to criminal behavior. The defendant, Albert Cooper, was arrested and charged with first-degree murder, armed robbery with a firearm, and armed burglary with a firearm after him and his partner, Tivan Johnson, killed the owner of a local pawnshop, Charles Barker, after robbing the location on May 25, 1991. The court ultimately found Mr. Cooper guilty as charged, which made him eligible to receive
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.
New Jersey v. T.L.O. is a Supreme Court case that made its way through the three levels of courts in 1985. The entire dilemma began one day when two girls were caught smoking in a school bathroom by a teacher. The teacher immediately took the two to the vice principal’s office, where they were questioned. One of the girls admitted to smoking, but the other, the girl known as T.L.O., denied it. The principal, Theodore Choplick, seized T.L.O.’s purse and began to rummage through it.
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.
Wardlaw and the two Marshals ended up giving different stories, but the story that was used under law was Wardlaw’s story. The court ended up taking the Marshals’ side in this case as they felt the use of force was not excessive (“William C. Wardlaw, Appellant, v. William R. Pickett, Deputy United States Marshal, Et Al., Appellees, 1 F.3d 1297 (D.C. Cir. 1993)”). Wardlaw’s story stated that on June 7, 1988, Him and a man named John Heid was watching a court hearing. When the judge of the hearing announced a recess, a Marshal, named Donald
41. 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.
I A. B. Cantwell v Connecticut (1940) D. Jesse Cantwell and his son going door to door in their neighborhood talking badly to people about the religion of catholicism which lead to two people becoming angry. This leads to the Cantwells being arrested for breaking a local ordinance that requires a permit for solicitation and also for encouraging an infraction of the peace E. Were the Cantwells first amendment free speech rights violated when they were religious views were suppressed and did they encourage an infraction of the peace or not. F.The court ruled that you could restrict general solicitation but you could not put limitation based on religion and that if you did so it would be trying to silence someone's views.