A 6-3 vote in favor of New Jersey was all it took to strike down TLO’s request to suppress the evidence as well as her confession. In previous cases, courts have ruled that school officials were exempt from the restrictions put in place due to their need to enforce authority over their students. The Supreme Court decided that in this case, the exclusionary clause would apply to school officials. This means that because they’re school officials, they don’t have to have as many means to perform a search on the students because students should have a decreased expectation of privacy. Their decision meant that the evidence found in TLO’s purse along with her confession had to reason to be excluded because her 4th Amendment rights were not violated.
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.
Kelo v. City of New London was a case that peaked my interest. To me, this is a classic case of government overreach. Let us start from the beginning. In 1997 Susette Kelo purchased a home in the historic neighborhood of Fort Trumbull in New London, Connecticut. She had always dreamed of owning a home on the water and painstakingly restored it to it 's former glory.
May it please the court that the State of Louisiana violated the first and sixth amendments on the grounds of the Zeitoun vs State of Louisiana case. Zeitoun believes he was unlawfully discriminated against due to his race and religion, and imprisoned without a proper trial, kept in cruel and unusual circumstances, and his dietary restrictions were not met. Is it not stated in the first amendment that congress will make no law respecting the establishment, or prohibit the free exercise of a religion? If this is not in the amendment please correct me but I believe it is, and the government forces who put Mr. Zeitoun through much trouble and arrested him are in the wrong. Mr. Zeitoun says that he was mocked when he prayed and they said he was
United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.
According to Dent v. City of Dallas, the court ruled that police officers performing discretionary duties in good faith and acting within the course and scope of their employment are immune from personal liability under the doctrine of qualified immunity. The question that is presented in this situation is whether or not the police officer was acting within his course and scope of his employment. As a nation we have endowed our police officers with the right and authority to enforce the laws on whom they choose. Whether or not we reach the realization to this reality however is another story. The police officer has to use his ability on whom to arrest and not arrest responsibly because his actions do affect society.
A Washington police officer stopped a student at the Washington State University after observing the student was carrying a bottle of gin. After asking the student for identification the student informed him that is was in his dorm room. The student, followed by the officer, then went into his room get his identification. While the student was searching for his identification, the officer noticed that the student 's roommate, had marijuana seeds and a pipe on his desk. The officer asked the students if they had additional drugs in the room and the students provided him with a box with marijuana and money.
Mapp v. Ohio Throughout the last 70 years, there have been many cases that the U.S. Supreme Court has decided upon leading to many advancements in the U.S. Constitution. Many of the cases have created laws that we still use today. In the case I chose, Dollree Mapp was convicted of possessing obscene materials, four little pamphlets, a couple of photos, and a little pencil doodle, after an illegal police search of her home for a suspected bomber. No suspect was found, but she was arrested.
1 ) The case came before the supreme court after a young James Acton and applied to play for his school’s football program and had to be drug tested before he could play. It was at this point that him and his parents refused to sign the consent form for the test. 2 ) At the time of the case there was widespread issues with drug use and violence in Schools. This cause searches in schools across the nation for weapons and drugs.
Dustin Seal, a junior at Powell High School, Knoxville, TN drove his mom’s car to Friday-night football game with his friends who had put a knife in the glove compartment without his information. Over a suspicion of drinking alcohol, school vice principal searched Dustin’s car and found a hunting knife. Being unaware of the knife Dustin got suspended with pending expulsion from Powell high by the principal. Following with several appeal processes School board sided with the school principal on expelling Dustin. His father sued the school board for violation of Dustin’s right under fourth and fourteenth amendments to Federal court ruled in favor of Seal and the case was settled with $30,000 award to Dustin.
Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults? , What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident.
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.
In the case of Robert Jordan v. City of New London and Keith Harrigan, the plaintiff alleges that he was discriminated against based on his intellect. The Plaintiff Robert Jordan, a 46-year-old college graduate, with a degree in literature and interested in pursuing a career in law enforcement, took a written assessment with 500 other applicants on 16 March 1996, as part of a screening process for the position of police officer. The testing material used included the Wonderlic Personnel Test and Scholastic Level Exam referred to as “WPT,” which measures the cognitive ability of test subjects (2nd). This process was used to weed out the applicant pool, revealing the most qualified applicants based on test scores. The WPT test included recommended minimum and maximum test scores for various professions in the accompanying manual.
In the case McCann v. The Ottawa Sun, 1993 CanLII 5507 (ON SC), the General Division of the Ontario Court was correct when stating the published words by The Ottawa Sun were insufficient to carry the Mayor of Pembroke’s action of defamation. At the same time, the columnist’s comments can be considered a humorous remark, which is a prove individuals in Canada have freedom of speech, which is the ability to communicate ideas without the interference of the state. To establish a cause of action for defamation, the plaintiff must prove: the statement published was defamatory, meaning the words bring the person’s reputation into hatred, contempt or ridicule; the words, in fact, referred to the plaintiff and finally, the words have been published, meaning somebody – other than the plaintiff – had access to the statement. In 1993, the Mayor of Pembroke, Terance McCann, claimed damages for libel against The Ottawa Sun
US v. Lopez was a decision handed down by the US Supreme Court in 1995. The case was significant because it was the first ruling to set limits on Congress's power under the Commerce Claus in the Constitution since Franklin D. Roosevelt's New Deal. Lopez, a student was caught with an unloaded weapon on school grounds that he was allegedly selling. He was arrested under the Gun-Free Zone law. Lopez argued that this law was unconstitutional as it blocked interstate commerce.
TLO accused the administrators of the school to be violating her 4th amendment. T.L.O. was founded guilty by the Juvenile Court. She was found as a delinquent and was given probation for a year. Than T.L.O. was found guilty in her second court ruling in the Appellate Division (New Jersey State Court System). Her third court ruling was the New Jersey supreme court.