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114 Cards in this Set

  • Front
  • Back
Civil liberties
Civil liberties are the rights which are given through the bill of rights and the 14th amendment
Freedom of Religion
1st amendment

Establishment clause
government and congress are not allowed to establish a national religion
Freedom of Religion
1st amendment

o Free Exercised Clause
 Individuals should have the freedom the worship or not worship as you see fit.
Freedom of Religion
1st amendment

o Engel v Vitale(1962)
 At New York state they have a prayer to recite in the beginning of the school day. The court said it was unconstitutional to require everyone to recite a prayer in school.
o Abington ISD v Schempp(1963)
o Pennsylvania the beginning of everyday the school has to read and recit 10 bibal verses everyday. The supreme court looks at this and says its unconstitutional.
Freedom of Religion
1st amendment
o Lemon v Kurtzman (1971)
o Pennsylvania, the state is taking part of their budget and giving it to schools; public and private. When they were giving money to private schools most of them were religious. The controversy was thay are giving money to religious school. Supreme courts said that it was unconstitutional to give money to schools with a religious basis.
Freedom of Religion
1st amendment

Lemon Test
o This creates the Lemon Test: 3 standards to determine whether something has a religious bias: 1. Does the issue have a secular (not religious) purpose. 2.Does the issue advance or inhibit religion. 3. You cannot have excessive government entanglement.
Freedom of Religion
1st amendment

Lee v Weisman(1992)
o Prayer at graduation at this particular high school they rotated who would do the prayer; catholic, Budhhist, They had a Rabbi at the prayer. The supreme court said that graduation was a voluntary event, but even if they were there by their own will it was still indirect coercion because dearly the message behind it was to pressure people to believe in a higher being.
Freedom of Religion
1st amendment

Santa Fe ISD v Doe (2000)
o Between Houston and Galveston
 Football game the gave the student body to vote whether or not they should have prayed or not. The students said yes, and a student was voted to do the prayer. They pray before hand someone from the school against them. They validate everything that they did before the prayer. The suprememe court rules that it was unconstitutional because people were at the even because the had too be there.
Moment of Silence
 Moment of Silence: you get to schoose whether or not you pray. Can have religious base organizations/clubs as long as you are not paying the advisor to do this and you are not taking time out of class.
13th Amendment
(1865)Banns slavery and all involuntary servitude. They ratify it in 1865, if states wants to come back to the union they must change their constiuttion and the 13th amendment as well. In the south
only 2 states say no to the thirteen amenment; Kentucky(Untill 1975) and Missippi(untill 1995) it did not mean that they could have slaves, they were just stubborn.
14th Amendment
(1868) Grants citizenship to anyone born in this country; and citizenship to all the slaves. Equal protection clause-everyone is granted equal protection under the law, regardless of sex, race, religion, color, etc you are not denied protection under that law, get right to a trial, lawyer,religion etc.
15th Amendment
(1870) all man have the right to vote.
4 Main methods that they used to keep people from voting
Poll Taxes/grandfateher clause/property qualification/Litercy Test
KKK and the law
law enforcements were involved with the KKK. If KK member got arrested nothing would happen to them because maybe the judge or jury were KKK members.
KKK act of 1871
All action of the KKK will be handled by federal troops and will go to federal courts, no more local courts.
C.R.A (Civil Rights Act) 1875
granted equal access to public accommodations
Black Code
laws that prevent colored people from doing certain things EX: walk somewhere, serve on a jury, etc.
This law was different every city
Jim Crow Laws
have the white color fountain and the black color fountain"separate but equal"
Civil Rights Cases of 1883
Four of five cases grouped together because they were similar, dealing with the KKK and C.R.A Dealing with does the government have the right to stop how people behave in their personal life? They say no; thus, the KKK act and C.R.A get shut down because those are pesonal choices, you can behave how ever you want, and you can deny service to people if its your restaurant, bussiness, hotel, etc.
Plessy V Fergusion (1896)
Gets in a train he is half black and half white, people tell him that he has to go to the colored section because he is half black. He realizes that the white section is way better than the black section. Plessy Argues that there should be no separation, the supreme court says that there is no problem if there are different things as long as they are the same. This is were the doctrine Separate From equal
Gaines v Missouri(1938)
Gaines is an individual who wants to go to law school in Missouri.. He does not get accepted but the University tells him that they will pay for his tuition to go to another University. Gaines argues that he wants his degree in MIssouri. The supreme courts say seperate but equal, and they will build him a same school for blacks.
Sweat v Painter (1950)
Sweatt wants to go law school and want to go the University of Texas, but UT does not allow him but say that they will build him a university for blacks. They build it in houston, limited resoursces. Sweate argues taht it is separate but its is not equal. The supreme court agrees with him. The supreme court says that it is not equal because it does not match the tradition, prestige, reputation, alumni, etc.
McLaurin v Oklahoma State Regents:(1950)
McLaurin gets admitted to the University of Oklahoma, but there is a problem. The university puts a desk outside the classroom and tells him that he could listen from outside. He argues that is not appropriate way to handle his presence. The supreme court reads both sides. The school feels that if they allow A.A. in the class room they would want to seek out white young woman and go after white women and taint the race. The supreme courts says that they cannot require the student to sit outside the class because it is ridiculous. MJcLauring was 60 years old so the supreme court says that he was not going to go after white you women
Emmitt Till(1955)
Emmit Till is from Chicago, 14 years old, goes to money, Mississippi to visit family. Hanging out with friends, argues that he has a white girlfriend goes into the store and says, "bye baby" to a white woman. That night two man take the boy out of the house, and take him. The next day they could not find him. HE was brutally beaten, mutilated, disfigured. Emmit till died. The grandfather saw them men who did that to his grandchild and pointed out who did that to the boy. The jury was 12 white men, it takes them 30 minutes and find the two men not guilty.
Brown V Board of Education Topeka KS (1954)
3 different cases but the combined them. Girl Brown, was forced to go all the way across town to go to school despite the fact that her school was right in front of her house. The supreme court agreed with thee girls family arguments. Supreme court argued that they did not want to ingrain ideas in childrens brains about inferior races. They want to get rid of separate-but-equal and they will review that case in 1955 to ensure in 1954: .001% integrated schools
James Meredith (1962)
James Meredith is the 1st African American to go to the now integrated University of MIssissipi. Mascot is the rebel they still have the confederate flag and Dixie is their song, they are very southern. James Meredith is going to integrate the school, the president of the university says no, so he goes to the other location to register to go to OL MIs, the governer meets him there and says that he cant go there. His 3rd attempt to get in to the university: they fly him into town before dark and drive him to the campus, and there are many vehicles. He hides over night, and students know that someone is hiding in campus, people are mad; shooting, building, destroy school. When everyone has gone to bed, Meredith goes to the registrars office and enrolls in the school. He completes a minor there, and transferred to an IV league school for his law degree. He went back to OL Mis to teach there.
1st civil right acts of 1957
there should be no deprivation of voting rights; you should not deny anyone right to vote. Quality of voting
2nd civil rights act of 1960
if you saw discrimination in voting it became a federal issue, not civil.
Civil RIghts act of 1963
March on Washington: Million Man March. "I have a dream speech" 250,000 people attended. Two people were considered leaders/ activists and were assassinated: John F. Kennedy, and Medgar Evers: Activists, MLK'S connection in Mississippi, got killed walking from his car.
Civil Rights act of 1964
1. no discrimination in voting, 2. everyone is granted equal access to public accommodations, this will try to attempt to take out Jim Craw laws, 3. create the civil rights commission- monitoring and responding to civil rights complaints, 4. the government will cut federal funding of programs in which they see a patter of discrimination: schools were the #1 affected, this caused the birth of private schools. 5. Create the EEOC: equal employment opportunity commission, race, color, national origin, religion; however, sex was not on this act until later on. Man filibuster this act.
1968: Martin Luther King
gets killed, Reverend Jessie Jackson argued was with him the moment MLK got killed (lie).
NAACP
1800's began in Canada, wanted to have a convection in NY they were denied so they went to Canada. National association to the advancement of colored people. They have really tried to help women, regardless of race. They have helped a lot of legal cases.
SNCC
Student non-violent coordinating committee. College students of all races/sexes. Sit-ins, freedom rides. They are the ones that pursue equality with non-violence acts.
SCLC
Southern Christian Leadership conference. MLK was the organizer and leader of SCLC. They wanted to gather and speak about civil rights, and they would gather in church and talk about civil rights. This caused a lot of devotion in religion, and we can still see it now. Voting rights rather than social rights. SNCC and SCLC worked together believed in non-violence, worked with other organizations.
Black Panthers
# Malcom X's organization, he believed in violence. Black panthers are very sneaky, black panthers would stand in the side of the road and try to recruit people from SNCC and SCLC walks to join the Black Panthers.
# Need to know the two types of discrimination de jure and de facto. On book!!
Women- 1927
Covertures
Two women led movement- E. Cady Stanton and Lucretia Mott create NWSA. National Women Suffrage Association. When created a main purpose to get voting rights and social equality. In 1861, civil war and women run house and earn money.

Then 1869, 13 14 15 amend. Blacks get rights and women to unite and

Susan B. Anthony pushes and in 1869 in Wyoming women get right
Bradwell vs. Illinios (1873)
Women isn’t allowed to take to the bar for. Supreme court says woman is wife and mother no place in court room
Mueller vs. Oregon (1908)
Women want to be on jury and supreme court says she need special treatment and should be in court room
National Women Party
is created- to get women right to vote and put women in office- by 1920 get 19th amend. – get women the right to vote.

All the women fade out after get the right

Picks up in 1950 and 1960’s
Hoyt vs. Florida- (1961)
a woman on trial for murder of her husband and she argues that the all male jury is unconstitutional, SC says a woman’s job is a wife and mother and not in the court,

Feminine Mystique- Friedan addresses that women want to independent and want a career and a lot of women that permiscustis(sleep with multiple men) and says that penis envy does not exist
Reed vs. Reed(1971)
Husband vs. Wife and they are divorce and son has died and the money the money goes to father first. The SC says that is arbiturary discrimination

1960’s and 1970 National Org. for women and Steinem is creator and leader. She was hard core female activist,
Title IX (1972): "Title 9"
it deals with Universities. The same amount of money should be spent in sports in Universities. In 1972 it was a great program, opened many doors. Nowadays, it is not as positive because the most prominent sports are football, basketball, baseball which are male sports, and these sports are the ones who get most of the money
-Frontiero v Richardson (1973)
Female who is in the military, her husband does not make a lot of money. She asks for help benefits, but they require her to prove that she makes more money than her husband. Men in the military did not have to do this. She argued that it was gender discrimination and the court agreed with her.
First female appointed to the Supreme Court Sandra O'Connor, also in this year there is a case in

which a military draft can only include men.
notes
Mississippi University for Women v Hogan (1981)
(MUW) school wore all women and Hogan is a man who wanted to attend there. He applies, they deny him because he is a man, the supreme court says they cannot deny him because of his sex. Sandra O'Connor was in the case and she did not want to because women's universities would lose their integrity.
US v Virginia 1996
Female wants to go to VMA (Virginia military institute) all male military school. VMI denies her entry, but that they will create VIL for women. Her argument was that they could not create a school just for her, same but equal mentality. The supreme court agrees with her.
Michael M v Superior Court of Sonoma County (1981)
Michael M is a male over the age of 18 has sexual relations with a girl underage. He is charged with statutory rape. He argues that the law is unconstitutional because the law says that it is only illegal when an older man has sex with an underage girl (Not the other way around) Supreme court looks at this law, and says that it is constitutional. Nowadays, most states have changed laws so it is equal for men and women.

-A women makes 76 cents a male makes a dollar. Men and Women who hold the same position there isn't a big gap between their salaries. However, men get promoted faster because women are the ones who have children, etc.

-When a woman has a children they give her 6 weeks off without getting fired, and the males give them no time off. The government is not legally bound to give men time off.
Native Americans
1% of our population is Native American in the United States
Civilization Fund Act 1819
Americans decide that Native Americans have a unique culture, but they don’t have Christianity. Government decides to teach them Christianity.
Indian Removal Act of 1830
this will turn in to the "trail of tears". Tribes are getting smaller so they wanted to take all Native Americans, living together, organizing. They put tribes together who do not like each other, and so many Native Americans died in this process.
-Dawes Act f 1887
They were going to require Native Americans to go to American schools and churches. They wanted them to be part of the United States, and get a good education.
Indian Reorganization Act of 1934
Government wanted to correct mistakes from the past. Government created reservations. Private areas, no government allowed, you can self-govern in this areas. They understood that they had different religion, etc. This is why they have the right to create casinos and they have peyote.
NARF
Native Americans Rights Fund. Branch for Native Americans. Representation in legal battles.
Hispanic :
stats on notes
Chicano Movement
Started in Southern California. Chicano movement was led by Cesar Chavez. The movement was like the Civil rights. It was about farmer workers could be more than that. Chavez argued that we could learn English, be part of the United States. Whenever African Americans got their rights so did Hispanic Americans.

-LULAC: organization, fighting for Latin American's rights.

Four Cities with the highest Hispanic population: Los Angeles, Miami, Houston, San Diego. New Mexico has the highest percentage! Over 4400 elected national officials, high rising numbers when it comes to politics.
Asian Americans:
4% of the American Population. Fastest growing minority. More Asians immigrating to this country than from any other country, also a lot of adoption.

-World War II: took all Asians and put them all in internment camp. Korematsu v US (1944) questioning whether it is constitutional to hold Asian Americans in camps, the supreme court says that it is constitutional. Until the 1970's they realize that it was unconstitutional.
Disabled Americans:
Americans with disabilities act passed in 1990 also known as 88 statement: will do anything to assist people with disabilities. Schools can not discriminate disabled people, always have to have handicap parking lots and restrooms, buildings must have ramps if they are elevated, if it is multiple floors must have an elevator.

-HIV/AIDS is not considered as a disability, poor eye sight is not considered a disability, and high blood pressure is not a disability either.
Elderly Americans:
AARP: American Association of Retired persons. Largest lobbyist association. The Elderly Americans are the ones who vote the most. 50 years ago associations would not pay too much attention, but since they are the ones who vote the most the government tries to please them to get their vote. This association is also the one that gets a lot of money.
Middle-Eastern and Southern Asian Americans:
People have the misconception of Middle Eastern because of 9/11, but there are no legal cases regarding this issue.
Civil Liberties
* where do we get them from:

Civil Liberties are the rights which are given through the bill of rights and the 14th amendment.
Santa Fe ISD v. Doe (2000)
City between Houston and Galveston. Football game they gave the student body to vote whether or not they should have a prayer or not. The students said yes, and then they chose a student to conduct the prayer. Student does the prayer. Somebody from the other school brought the case to the supreme court. The supreme court validates everything that they did before the prayer. The supreme court rules that it was unconstitutional because people were at the event because they had to be there, it was not voluntary. Ex. Players have to be there, band has to be there, cheerleaders, etc.
Moment of Silence
you get to choose whether or not you pray. See you at the pole is still allowed., and can have religious base organizations/clubs as long as you are not paying the advisor to do this and you are not taking time out of class.
Near v. Minnesota (1931)
From this case we get prior restraint.

Prior restraint-trying to stop something from being printed before it is printed; Censorship. This is illegal because is completely unconstitutional.
New York Times Company v. Sullivan (1961)
For this case we get out Libel and Slander.
Libel
written lies, and Slander is spoken defamation. Either way it is lies. Both of them are considered illegal and punishable.
Actual Malice
was the material written or spoken with intent to harm.
-New York times vs. The US (1971)
pentagon papers: ALL the information from the Vietnam war, this information was not meant to get out. Somehow the New York times get the pentagon papers and starts printing exerts from this and showing the statistics to the public. The government tries to stop them because it is damaging. Supreme court says that we need access to everything, and not because the government doesn’t want us to know does it mean that we can be deprived from this information.
Hazelwood ISD v. Kuhlmeir (1988)
High school paper: one story is about children with divorced parents, and the other is about teenagers having sex and birth control. Principal of the school said no to both of the stories. The students said it was a restriction against their freedom of press . The supreme court ruled against the students, and says that high school papers are under the jurisdiction of administrators because it is for the protection of students.
Hustler Magazine v Fallwell (1988)
Falwell was the first TV evangelist. He talks in the magazine about a traumatizing sexual encounter he had with this mother. Hustler Magazine prints his story and makes it a cartoon. The supreme court rules that it was done in humor and not malice.
Schenck v US (1919)
WWI, individual who is handing out pamphlets saying why WWI is bad. During this time speaking against the government was bad. Schenck was arrested and argues that it is his right to speak out. Supreme court said that it was a clear and present danger, and in this cases the right of speech is taken away. Like nowadays you cannot go to a public place and yell, "Fire" because it is a clear and present danger.
Chaplinsky v New Hampshire (1942
Chaplinsky wants to preach to the everyone. He stands in a corner and preaches. Chaplinsky engages in verbal arguments with other people. Chaplinsky then argued with a cop, and he was arrested.. Chaplinsky says that he has the right to talk back to a cop because it is his freedom of speech. Supreme court says that he lost his freedom of speech because he used fighting words.
US v. O'Brien (1968)
Civil Rights/Vietnam. O'Brien is drafted, and he protests and burns his draft card. He is arrested, and argues freedom of speech (symbolic). Supreme court says that symbolic speech is covered, but if your speech is disrupted they can use the least means available; you are taken to jail, but you don’t pay a fine or go to jail. They do this for future reference to see who are the protestors.
Brandenburg v. Ohio (1969)
Rally of the KKK; which is acceptable the US. A guy, Brandenburg, in Ohio is the lead member, gives a speech, and he allows someone to record his speech. The speech was very racist, and threatening. The guy also uses the word "Revenge" repeatedly. He gets in trouble and the Supreme Court says that it is direct incitement: trying to start violence, and this is outside your freedom of speech.
Tinker v. Des Mointes (1969)
High school children who want to protest the Vietnam War, and decided to wear black arm bands. The principal hears about it, and says everyone who wears the arm band they will be suspended. Tinker children's parents are fine with it, and participate in the black arm bands. The principal suspended them. The supreme court says that children, faculty, etc. do not surrender your rights when you enter the school, and the supreme court said that they could wear the arm bands and protest.
Cohen v. California (1971)
protesting against the Vietnam war. Cohen protests by writing on his jacket. He gets arrested and cops says that it is outside his freedom of speech because it is offensive to others. The supreme court disagrees, and says that it is your freedom of speech.
National Socialist Party (Nazi Party)v. Skokie (1977)
NSC wants to have a peaceful protest, and they want to do this is Skokie, Illinois. Skokie has the highest percentage of Jewish concentration camps survivors. Skokie says they can have the rally, and they give them a list of the things they had to do. The NSC realizes that they were given extra requirements. The supreme court says that you cannot stop someone from protesting because you don’t like what they are saying, and you can't put extra requirements.
Texas v. Johnson (1989)
Johnson is participating in a peaceful protest. He is protesting action overseas. At the end of the protest he has a flag, and lights it on fire. Johnson is arrested for burning an American flag. The supreme court says that this is symbolic speech. (1990)Flag protection Act- makes it illegal to burn a flag.
US v. Eichman (1990)
Eichman burns a flag. Supreme court take out the flag protection act, and supreme court says that it is still a symbolic form of freedom of speech.
RAV (initials of the person) v City of St. Paul, MN (1992)
African American family that moves into an all white neighborhood. Some local teens feel that they must protest. Teenagers go to their front yard, place some crosses and burn them. The supreme court says that it is symbolic speech, and that it is okay, and they also determined that this was not hate speech.
Free Speech Zone
go and say whatever you want, and you won't get in trouble. Every college has this. Tomball has is it over the tennis court by the little bridge. TSU was the first one to have this.
Roth v United States (1957)
Introduction of adult films. The supreme court was trying to figure out whether or not they were obscene, if they could be sold in stores. The supreme court decided the only way to figure this out is to watch the films. They watch a couple of minutes, and each judge finds different parts of the film obscene. Since they cannot determine this, the supreme court says obscenity is undefined.
Miller v California (1973)
Miller is an individual who opened an adult entertainment store. Miller send mail to everyone in the area to get some clients. Parents were upset when their children saw that. The supreme court says that it is not obscene. They still say that they cannot nationally define obscenity, but only define it locally (up to the state). 3 standards to help determine obscenity: 1. if the information is patently offensive. 2. if the work as a whole appears to a nature in sex. 3. if the material lacks serious literally, artistic, scientific, or political value.
Barnes v Glen Theatre (1991)
Glen Theatre is a company and owns various strip clubs. At one of the locations the local laws are written to say that the women who work there must cover their bottoms and their breasts. The women argues that this is part of their artistic expression. That nudity is an artistic way for them to express themselves. Supreme court says that this is not artistic expression, and that it is purely sexual enjoyment. State and local governments can determine how much they can show.
Right to bear arms (2nd amendment):
Arguments whether you as an individual have the right to bear arms. Is the right to bear arms a collective or individual freedom? Supreme Court determined that it is an individual right to bear arms. Depending on the location the laws varies.
Freedom of Privacy
1st, 3rd, 4th, and 14th amendment
-Griswold v. Connecticut (1965)
woman that is distributing birth control in a college. It is against the law and she argues that it is her privacy to distribute birth control. Supreme court says that birth control can only be distributed to married couples.
Eisenstadt v Baird (1972)
Is it legal to receive birth control if you are single? A woman is distributing birth control to single women. The supreme court says you can distribute birth control regardless of marital status.
Roe v. Wade (1973)
a woman named Norma claims she was raped and asks for an abortion. The doctors says no, and she argues that it is her privacy and that she should be allowed to have an abortion. The judge they chose to write the opinion was the newest judge during this case. He went to medical school, and determined that it should be in trimesters. Have to deal with each trimester directly. 1st: states can have little to no restrictions on abortion. 2nd: Some restrictions, except when it comes to the life of the mother. 3rd: heavy restrictions, except with the life of the mother. Side note: she lied about being raped.
-Planned Parenthood v Casey (1992)
Every state puts different restrictions depending on the states. Four restrictions Blue: True, Red: Fake . 1st: parental consent if you were under the age of 18. 2nd: informed consent sit down with someone who will tell you everything about the procedure, metal and physical damages. 3rd: 24 hour waiting period, request the abortion, get the information, and go back the next day. 4th: spousal consent, consent of the husband.
Gonzalez v Carhart (2007)
Several states were putting bans on what they called partial birth abortion; go into the females body and dismember the body, etc. The court is addressing whether or not this is constitutional. The court says that yes, states can ban partial birth abortions. The terminology says that partial birth abortions are banned. Any abortion that happens in the 2nd and 3rd trimesters are banned.
Bowers v Hardwick (1986)
police officer who shows up to a house and deliver a subpoena. When he walks into the home he finds two man engaged in sodomy (anal or oral) acts. The laws says that sodomy is illegal, but the argument is that you should be able to because you are in your own house. The supreme court says that it is for you protection, and that anti-sodomy laws are okay
Holmes v California Army National Guard (1998)
Don’t ask don't tell" was placed in the early 90s.Individiual who is homosexual, and he is given the honorable discharge. He says that he doesn't want to be discharged, and wants to serve in the military. He argues that it is not constitutional. The supreme court says that Don’t ask don’t tell is completely constitutional. If you were homosexual you wouldn’t be able to get all the way to the upper ranks.
-Laurence v Texas (2003):
(Houston) very similar situation to the case above. Cop goes to a house because a neighbor calls the cops because something illegal might be going on. The cops finds them performing sodomy. The supreme court says that sodomy laws are unconstitutional, what you decide to do in your house is your business.
Boy Scouts of America v. Dayle (2000)
Dayle is a scout master leading a troop of boy scouts. He didn’t tell anyone he was homosexual, and one day he goes to a gay rally. He is interviewed by a tv show. The boy scouts see the rally, and they fire him. He argues that he should not get fired because he is a homosexual. The supreme court says that the boy scouts creed believes is moral, ethic, and religion beliefs. They can fire him because they outline specifically what they expect, and they are a private organization.
Patriot Act
The government is allowed to look at the information to protect against terroristic attacks. Patriot act is a document that legally violates your 1st 2nd 4th 5th 6th 7th 8th and 14th amendment rights.
Oregon Death with Dignity Act
choosing to be put to sleep if you are dying. Doctors can prescribe you lethal medicine to die. (This is the only state that allows this).
Texas Futile Care Law-
quit providing medical care if there is no way you can live. The doctors can take the child out of life support if he cannot live past 6 months. (Conflict: is it about money or the care of the child?)
4th amendment : (unreasonable search and seizure)
Mapp v. Ohio (1961)
Mapp v. Ohio
Mapp is a woman who helps criminals hide in her house. They asked a judge for a house, and the judge denies. The cops sit and stare at her window. They see something illegal happening, they knock on the door, and want to go in, faked they had a warrant, She takes the "warrant" and sticks it in her bra. They go inside the house anyway find multiple criminals, weapons, and goods. They take her to jail and charge her, she argued that they should have a warrant, and they argued that they must have a warrant. Supreme court says that in order to enter a home they must have a warrant and show it. She freed with no charges.
-Katz v. U.S (1967):
Katz is a bookie (making and taking bets), they believe he is handling his deals from his home. They get a warrant to tap into his phone. He tries to get around this by going outside to a phone booth to place a bet. Cops tap the phone booth and catch him. He argues that it is a public area, they argue that since it is public area they don’t need a warrant. Supreme court says anytime you have an expectation of privacy you must have a warrant, and if you go to a phone booth and close the door you must have a warrant.
Kyllo v U.S (2001)
Man who is suspected of growing Marijuana in his home. Cops ask for a warrant and the judge says no because they don’t have enough evidence. They will get a thermo imaging device and they found heat thus they got a warrant. They found over a thousand pound of marijuana. Thermo imaging devices actually look into a house, and they actually needed a warrant to do use the thermo imaging device.
Warden v Hayden (1967
Couple of guys standing outside a cab company, they notice some on break into the cab company. Then they start chasing him, in the mean time while the cops get there they kept chasing him, and he goes inside a house, the cops go inside the house and arrest him. His argument was that they needed a warrant to go to his house. The supreme court said no because it was a hot pursuit-chasing him.
Arizona v Hicks (1987)
Cops have obtained a warrant and are going to someone's house who they believe have illegal weapons. They start looking, and they don’t find any. While they are there cops notice there is some stereo equipment that looks very expensive. They looked at the serial number and find out it was stolen. The supreme court finds two issues: even if an item is not on the warrant but it is in plain view they can still charge you for it, and secondly the stereo equipment was not in plain view because they had to take it from under table, flip it over, and look for the serial number.
Maryland v Wilson (1997)
Cop randomly stops someone. Cop goes to the car, and the driver is very weird and the cop asks him to step out. When he does his cocaine falls out of his pocket, he argues that he did not have to step out of the car because he was not doing anything. The supreme court determined that if a cop asked you to step out of the car you must do so.
Wyoming v Houghton (1999)
Routine traffic stop, when the cop walks to the car he notices that the driver has a syringe and needles. He asks him to step out of the car, and starts searching the cop. Searches the passengers purse and finds drugs. The argument is that the passenger is not the driver, but the supreme court says that the entire car and passengers could be searched. Both the passenger and driver get in trouble.
Drug Testing
People you can test at any time: high school athlete (since early 90s), it changed to any high school involved in extra curricular activities, if you get a parking thingy you are considered to be in extra curricular activities they are considered extra curricular activities. If you are an employee you can be drug tested at any time. If you have a license to drive, CDL, an 18 wheeler you can get drug tested at any time. If you get into an automobile accident you can get drug tested. You cannot drug test: in order to be drug tested you must be aware of this, cannot drug test candidates running for office.
5th amendment
protection against self incrimination)
Miranda V Arizona (1966
Miranda is caught for rape, murder, kidnap. He is questioned and confesses to everything. His argument is that he did not know that he had the right to be quiet. The supreme court said that a person must be informed that they have these rights.
6th amendment
(Right to a lawyer):
Gideon v Wainwright (1963):
Gideon breaks into a pool house, and tried for the theft. He is on the verge of mental handicap. He goes to court and represents himself because Florida did not provide lawyers. Someone argues that his trial was not legitimate because he did not have a lawyer. The supreme court says that you must be provided an attorney even if you cant afford one.
8th amendment
Cruel and unusual punishment):
Furman v Georgia (1972)
Argument: death penalty is racially bias. Argument wins, and the death penalty is banned in 1972.
Gregg v. Georgia (1976)
Arguing that the death penalty should be restated. The supreme court says that the death penalty is fair because of the two face trial (1st: considered guilty or innocent, 2nd: punishment).



3 Groups of people you cant give death penalty to:

-Pregnant woman, under the age of 15, and mentally handicapped.