10 S.O.S. 6749 (Profiled in Police Magazine 12/07/10). The Los Angeles County Sheriff's Department did not violate a deputy's First Amendment rights, when the agency fired him for maintaining a personal relationship with a known prostitute and heroin user, a district appellate court has ruled. Deput…
Collector v. Day 11 Wallace 113 (1871)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its artic…
One-Person, One-Vote Rule…
(No. 03-1454, filed 6/6/2005). Congresses power under the commerce clause includes the power to prohibit the local cultivation and use of marijuana in compliance with California’s medical marijuana law….
Chisholm v. Georgia 2 Dallas 419 (1793)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its arti…
This name was said by Justice Field during the trial to be the popular term outside for the whole group; but only as being in the farmers” interest, not because the Patrons of Husbandry, or any of its lodges as such, had anything to do with them. The Granger Cases were six cases […]
Ashwander v. Tennessee Valley Authority 297 U.S. 288 (1936)United States ConstitutionAccording to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution…
Frank v. Mangum 237 U.S. 309 (1915)United States ConstitutionAccording to the Encyclopedia of the American Constitution, about its article…
(5th Cir. No. 05-31071, filed 2/26/2007). In the context of a lawful vehicle stop, after ordering an occupant to exit a vehicle and hearing that he claims to be physically unable to do so, an officer may open the occupant's door and conduct a minimally necessary visual inspection of the person of th…
(10th Cir. No. 03-3136, unpublished filed 4/5/2004). Officer Wheeles and Sergeant Endsley's testimony that Andre Rhoiney's car weaved within its own lane was sufficient reasonable suspicion to support a traffic stop, despite the defendant's contention that the officer could not see the defendant's c…
(10th Cir. No. 07-5140, filed 04/27/10). Tulsa police were conducting gang surveillance on an apartment complex and saw the defendant arrive and leave an apartment a couple times after a short stay. They stopped him for not wearing a seat belt and arrested him for driving without a license. While ha…
(6th Cir. No. 09-6497, filed 08/14/12). The government used GPS data emanating from Melvin Skinner's pay-as-you-go cell phone to determine its real-time location. This information was used to establish Skinner's location as he transported drugs along public thoroughfares between Arizona and Tennesse…
10th Cir. No. 09-4156, filed 08/17/10). Drug evidence was accidentally released to the K-9 unit, but returned when they were notified it was needed for trial. There was no bad faith destruction, just a good-faith belief the case was over. The Circuit rejected Hood's argument that destruction of the …
(10th Cir. No. 03-4023, filed 9/16/2004). Denial of defendant's motion to suppress evidence is affirmed where entry and the resultant search were justified by consent given by a third party with both actual and apparent authority, and the officers did not exceed the scope of his consent….
No. 08-3041, 2010 U.S. App. LEXIS 1264 (7th Cir. Decided January 20, 2010). Officer exceeded scope of a search warrant allowing search and seizure of “video tapes, CD's or other digital media, computers, and the contents of said computers, tapes, or other electronic media, to search for images of wo…
(10th Cir. No. 01-5165, filed 2/4/2002). Officers had an arrest warrant for Cavely for methamphetamine production. They went to his house to serve the warrant. Cavely did not answer the knocks at his door, but officers saw him come out the back door and head towards a detached garage carrying two ca…
290 F3d 1239 (10th Cir. 2002). Where the manifestation of resistance displayed by defendant was his insistence upon keeping the officers outside, and even the suspected victim of a disturbance was trying to prevent the officers from entering the residence, no exigent circumstances existed to justify…
(10th Cir. No. 09-6142, filed 03/10/10). Oklahoma City police received a 911 call of shots fired. They arrived three minutes later and were flagged down by a woman who told them a black male in a gold shirt shot at her and her son. An officer approached a car in the driveway that had its brake light…
479 F.3d 743 (10th Cir. 2007). In a parolee search case, denial of a motion to suppress evidence resulting in a plea to being a felon in possession of a firearm is reversed where: 1) the search at issue was not valid without reasonable suspicion; 2) under the totality of the circumstances, officers …
(10th Cir. No. 09-8015, filed 02/17/2010). A Wyoming detective determined that the defendant was engaged in exchange of child pornography, but his warrant affidavit failed to disclose (1) who informed him that a computer with the relevant IP address had transferred child pornography; or (2) the meth…
437 F.3d 964 (10th Cir. 2006), previous appeal Roska v. Peterson, 328 F.3d 1230, 1253-54 (10th Cir. 2003). Defendants, police officers and social workers, were not entitled to qualified immunity when, in the absence of exigent circumstances, they entered plaintiff's home without knocking or seeking …
147 L.Ed.2d 295 (No. 99-62, filed 6/19/2000). School district's policy permitting a student-led and student-initiated prayer over the P.A. system at football games constitutes an establishment of religion and violates the First Amendment….
(No. 04-1244, filed 2/28/2006). Abortion providers brought suit against abortion protesters seeking damages for extortion under the Hobbs act (18 U.S.C. § 1951(a)) and RICO (18 U.S.C. § 1962) violations. The Court held that physical violence unrelated to robbery or extortion falls outside the scop…
(No. 10-8145, filed 1/10/12). Petitioner Juan Smith was convicted of first-degree murder based on the testimony of a single eyewitness. During state postconviction relief proceedings, Smith obtained police files containing statements by the eyewitness contradicting his testimony. Smith argued that t…
(unpublished, 10th Cir. No. 01-1455/01-1481, filed 8/5/2004). Mere threats by a law enforcement officer to use excessive force sufficiently states an unreasonable seizure claim sufficient to withstand summary judgement. Officer allegedly threatened to hit Smith with his gun while Smith was laying on…
(No. 97-2565 D. Minn. 1/15/99). City required to compensate police canine handlers for time spent at home caring for police dogs. In figuring regular rate for back pay, nondiscretionary bonuses must be included, but discretionary bonuses can be excluded. In this case, longevity pay required by CBA s…
(10th Cir. No. 02-1435, filed 3/22//2004). Encounter between officers and defendant was a consensual encounter, even though three officers entered the apartment where defendant was staying (with consent) at 6:15 a.m. to question defendant's roommate, they were armed (although not displaying weapons)…
524 U.S. 321, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998). Forfeiture of $357,144 in currency for transporting more than $100,000 out of the United States without reporting in violation of 31 U.S.C. § 5316(a)(1)(A) is a fine within the meaning of the excessive fines clause and is excessive in violation …
(10th Cir. No. 01-4092/4097, filed 11/15/2002). A conviction for possessing a firearm while subject to a domestic violence protective order did not violate the Second Amendment or the Commerce Clause, and the district court abused its discretion in granting a downward departure based on purported co…
(10th Cir. No. 08-8053, filed 08/11/09). Police stopped Burgess's motor home for a traffic violation. A canine alerted and officers searched it, finding drugs and a laptop computer and two external hard drives containing child pornography. They obtained a warrant and asked to search the computer and…
(No. 10SC344, 3/5/12). The Colorado Supreme Court ruled that the University of Colorado cannot ban concealed-carry permit holders from bringing guns onto campus. Students for Concealed Carry on Campus, a gun-rights group, filed a lawsuit against the university in 2008, claiming its concealed weapon …
(No. 108425, filed 08/16/13). Lumry, a former KBI agent, sued the KBI as well as three of his former supervisors in their individual capacities for violating his rights under the Fair Labor Standards Act (FLSA) and for retaliatory discharge in violation of the Kansas Minimum Wage and Maximum Hours L…
394 F.3d 318 (10th Cir. 2004). Officers are not state actors for the purpose of a § 1983 when they merely stand by at a private repossession to prevent a breach of the peace, but they cross the line if they affirmatively intervene to aid the repossessor, or make legal determinations based on paperw…
(No. 08-680, filed 02/24/10). In 2003, Michael Shatzer (“Shatzer”), an inmate at the Maryland Correctional Institution, invoked his Miranda rights, refusing to speak about alleged sexual child abuse without an attorney present. The investigation into Shatzer's alleged sexual child abuse was closed l…
(No. 10-9646, filed 06/25/12). In consolidated petitions for habeas corpus relief, where both petitioners were convicted of murder at the age of 14 and sentenced to a mandatory term of life imprisonment without the possibility of parole, denial of petition is reversed and remanded where the Eighth A…
(9th Cir. No. 10-36094, filed 08/23/13). The Ninth Circuit ruled against a Montana state law like the one in Kansas that declares federal firearms regulations don't apply to guns made and kept in the state. The 9th Circuit doesn't include Kansas, but the decision focuses on a law that is similar to …
(7th Cir. No. 12-1269, 12-1788, filed 12/11/12). The 7th Circuit strikes a blow for self defense and strikes down the last remaining ban on concealed carry by the state of Illinois. The law allowed ownership and the right to bear on a person's own property, but not out in public. Relying largely on …
(5th Cir. No. 00-30710, filed 12/26/01). A private merchant and private security officer, who arrested a plaintiff suspected of shoplifting, are not subject to federal liability under 42 U.S.C. 1983, provided the officer performed an independent investigation prior to arresting the suspect….
568 U.S.L.Ed.2d — (No. 12-7822, filed 02/24/14). The suspect was arrested by police after his girlfriend allowed officers to search the couple's apartment. Abel Lopez was attacked and robbed on Oct. 12, 1999 by a man he later identified as Walter Fernandez, a member of the Drifters gang. After Lop…
(No. 08-441, filed 06/18/09). The ADEA does not authorize a “mixed motive” age discrimination claim. A disparate treatment claim required proof by a preponderance of the evidence that age was the but-for cause of the adverse employment decision. This burden is different than the burden-shifting anal…
No. 2:06-mj-91, 2009 WL 424718 (D. Vt. Feb. 19, 2009). the Government sought to compel a suspect to produce an unencrypted version of a drive on his laptop. Previously, the Government had reviewed portions of the encrypted drive with the suspect but was unable to reopen the drive once it was closed….
522 U.S. 118, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997). County prosecuting attorney is not protected by absolute prosecutorial immunity in 42 U.S.C. § 1983 action for making allegedly false statements of fact in a document summarizing the evidence supporting application for an arrest warrant. See also…
10 P.3d 27 (2000). Public duty doctrine protects City of Shawnee from plaintiff's claims that police failed to protect her from her estranged husband….
(6th Cir. No. 97-4369, filed 2/23/00). An accused's silence prior to receiving Miranda warnings may not be used against him in the prosecution's case-in-chief. Defendant gunned down his girlfriend and her mother, and was wounded by an off-duty officer. Another officer arrived, took shotgun from Defe…
(Mass. SJC-07984, filed 1/18/00). Drug interdiction roadblocks violate the Massachusetts state constitution because they are for purposes of discovering evidence of a crime, unlike DUI roadblocks which promote public safety by removing deadly drivers from the roadways….
unknown court, reported on Findlaw on 1/22/14. David Eckert, who was 63 at the time of his arrest in 2013, was subjected to multiple anal cavity searches for concealed drugs following a routine traffic stop. No contraband was found. Deming police sought a search warrant for Eckert because they thoug…
7 P.3d 326, (2000). Under K.S.A. 1999 Supp. 8-1015, only the Kansas Department of Revenue is authorized to place restrictions on a person's driving privileges. The district court does not have jurisdiction to modify the restrictions imposed on a person's driving privileges by the Kansas Department o…
United States Constitution According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, about its article titled 484 CALIFANO v. GOLDFARB 430 U.S. 199 (1977) CALIFANO v. WEBSTER 430 U.S. 313 (1977) These decisions illustrated the delicacy of distinguishing between “benign” gender classifications and unconstitutional ones. Goldfarb invalidated, 5_4, a social security act provision giving survivor's benefits to any
###”http://lawi.us/constitutional-law-index/”>(read more about Constitutional law entries here). Some Constitutional Law Popular Entries ###”http://lawin.org/constitutional-law-outline/”>Constitutional Law Outline ###”http://lawi.us/constitutional-law-outline/”>Constitutional Law Outline (United States) ###”http://lawin.org/Constitutional-Lawyer/”>Constitutional Lawyer ###”http://india.lawi.asia/constitutional-law/”>Constitutional Law of India ###”http://legaldictionary.lawin.org/Constitutional-Law/”>Constitutional Law Definition ###”http://lawin.org/Constitutional-Law-Cases/”>Constitutional Law Cases ###”http://lawi.us/Constitutional-Law-Cases/”>Constitutional Law Cases (United States)
Concurring Brennan, White, Marshall, Powell
Acts of Congress may be ruled unconstitutional by the Supreme Court in accordance with the ###”http://lawi.us/judicial-review/”>doctrine of Judicial Review. The Supreme Court, in Califano v. Goldfarb , declared that the following Act is unconstitutional in whole or in part: Act of August 28, 1950 (§ 202(f)(1)(E), 64 Stat. 485, 42 U.S.C. § 402(f)(1)(D)) Provision declaring the Unconstitutionality Social Security Act provision awarding survivor's benefits based on earnings of a deceased wife to widower only if he was receiving at least half of his support from her at the time of her death, whereas widow receives benefits regardless of dependency, held violative of equal protection element of Fifth Amendment's Due Process Clause because of its impermissible sex classification.
See Also ###”http://lawi.us/judicial-paramountcy/”>Judicial Paramountcy ###”http://lawi.us/list-of-legislation-held-unconstitutional/”>List of Legislation held Unconstitutional ###”http://lawi.us/list-of-decisions-declaring-legislation-unconstitutional/”>List of Decisions Declaring Legislation Unconstitutional ###”http://lawi.us/legislation-declared-unconstitutional/”>Legislation Declared Unconstitutional ###”http://lawi.us/judicial-review-limitations/”>Judicial Review Limitations ###”http://lawi.us/judicial-review-origins/”>Judicial Review Origins ###”http://lawi.us/judicial-review-impact/”>Judicial Review Impact ###”http://lawi.us/legislation-declared-unconstitutional/”>Legislation Declared Unconstitutional ###”http://lawi.us/declaration-of-unconstitutionality/”>Declaration of Unconstitutionality ###”http://lawi.us/unconstitutional/”>Unconstitutional Further Reading Power of the Supreme Court to Declare Acts of Congress Unconstitutional: An Address Delivered Before the Joint Session of the Legislature of the State of Oklahoma Explaining the Overruling of U.S. Supreme Court Precedent, by James F. Spriggs and Thomas G. Hansford (63 J. Pol. 1091, 2001)
New York Initial Appeals in Criminal Cases Many criminal cases are appealed, usually to the Appellate Division of the Supreme … Read more
Gun Rights and Control Court Cases Main Caselaw: Armijo v. Ex Cam (1987) Aymette v. The State (1840) Bailey v. … Read more