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18 Cards in this Set

  • Front
  • Back
United States v. Leon
Arrested for having drugs. Defense stated that the information used in the warrant was stale. However, court ruled that there can be a good faith acception to the exclusionary rule.
South Dakota v. Dole
Could fed gov't use the federal aid to force the state to change the drinking age? RULING: strings attached o the money were constitutionlal b/c the states still had the power to do as they wished under the 10th ammendment.
Marbury v. Madison
power of judicial review given to the supreme court. (power of court to void legislative or exec. act inconsistant with the constitution. ) this was not stated anywhere, but implied by 3rd article judicial power provision, and 6th article supremecy clause.
Barron v. Baltimore
civil case. wanted compensation for property loss. B/c it wasn't expressly stated that the fifth ammendment applied to states, Barron lost. "bill of rights doesn't apply on the state level."
Powell v. Alabama
"states must provide defense in all state capital cases" decision was thru fundamental rights approach. cited 14th ammendment due process.
Johnson v. Zerbst
citing 6th ammend. right to council, said: must provide counsel in all federal felony cases.
Gideon v. Wainwright
selective incorporation approach. 6th thru the 14th. relied Powell case and Johnson case to justify. NOw: states are required to provide counsel in state felonly cases. EXAMPLE OF DUE PROCESS
Miranda v. Arizona
prior to the investigation, police are required to giverights and tell them what happens if they wave their rights. (under 5th ammendment self-incrimination) EXAMPLE OF; criminal law revolution, due process
Mapp v. Ohio
exclusionary rule must be applied to state courts. cited 4th ammendment EXAMPLE OF; criminal law revolution, due process.
Terry v. Ohio
"stop and frisk case" instead of probable cause, all an officer needed was "reasonable suspicion" this gave police more authority. therefore: EXAMPLE OF: exception in criminal law revolution.
Roe v. Wade
law against abortions in TX proved unconstitutional. *exeption to burger court* *exercised judicial review*
Dickerson v. U.S.
rehnquist court had the opportunity to overturn miranda and didn't take it. *exeption*
Delaware v. Prouse
court held that routine random stops of motorists to check for reistration/liscence were unconstitutional. *exeption to burger court* said it violates 4th ammendment.
Michigan Department of State Police v. Sitz
sobriety checkpoint case. court held that sobriety check points were valid even though there is no suspicion. due to- tremendous gov't interest in getting drunk drivers off street.
Griswold v. Connecticut
court recognized that a "right to privacy" was implied in the constitution. (ms. griswold was director of planned parenthood. Conn law stated that contraceptives are illegal.)*exercise of judical review*
Texas v. Johnson
flag burning case. Tx law that made it a crime to burn flag was violation of 1st A right to freedom of speech. (seen as "symbolic speech) EXERCISE OF JUDICIAL REVIEW
Duncan v. Louisiana
6th A right to jury trial in all serious cases. CRIMINAL LAW REVOLUTION
South Dakota v. Opperman
the case in which the inventory search of automobiles was rendered constitutional by the US Supreme Court. I discussed this case to illustrate the concept of judicial federalism. The South Dakota Supreme Court held that, under the state constitution, such searches were not valid