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mapp v. ohio (1961)
information:
police went into dollree mapp’s with a fake warrant
she was presumed to be affiliated with a bomber —> was arrested
amendment:
mapp felt it was a violation of her 4th amendment rights
the exclusionary rule
lower court:
voted against mapp
supreme court:
voted 6-3 for mapp (was a violation)
applies to everyone
*all evidence obtained illegally cannot be used in court —> exclusionary rule
gideon v. wainwright (1963)
information:
gideon arrested for breaking and entering (was poor)
he could not get an attorney
amendment:
he read in jail that he was supposed to get a lawyer but he didn’t, felt like a violation of his 6th amendment rights
right to an attorney
lower court:
voted against gideon
supreme court:
ruled unanimous for gideon (was a violation)
*all defendants receive public defenders if they cannot afford an attorney if they request for one
“necessities, not luxuries”
miranda v. arizona (1966)
information:
ernesto miranda committed rape
testified against himself (he didn’t know his rights)
amendment:
he didn’t know his rights and was a victim of self-incrimination, which he felt was a violation of his 5th amendment rights
due process —> self-incrimination
lower court:
voted against miranda (said that he should’ve known his rights)
supreme court:
ruled 5-4 for miranda (was a violation)
*people must be told their rights at the time of arrest
miranda rights: application of the 5th amendment
lemon v. kurtzman (1971)
information:
lemon was mad about his taxpayer funds are going to religious schools
(especially of those he did not support)
amendment:
sued because of the 1st amendment
establishment clause
lower court:
voted against lemon (money is being used for non-religious purposes)
supreme court:
ruled 8-1 for lemon (was a violation)
*tax money and government cannot fund private schools
lemon test
gregg v. georgia (1976)
information:
troy leon gregg murdered a couple hitchhiking
did not plan to murder but to rob (found guilty)
amendment:
gregg believe the death penalty was a violation of his 8th amendment rights
excessive punishment
lower court:
voted against gregg (for the state)
supreme court:
ruled 7-2 for the state (was NOT a violation)
*death penalty can be used as a punishment (if the court follows due process)
overturned furman v. georgia that abolished the death penalty for 4 years
in re gault (1967)
information:
gault (15) was taken into custody for a prank call
parents were not notified
amendment:
parents sued because they felt like the 5th amendment was violated
due process (how far it extended)
supreme court:
ruled 8-1 for gault (was a violation)
*due process rights and procedures must be followed on all levels of government, especially for minors
this also applies in schools
tinker v. des moines (1969)
information:
mary beth tinker and christopher eckhardt were suspended for wearing armbands
vietnam era: children wore black bands for peace
john tinker was suspend the next day
amendment:
parents sued as they felt it was a violation for the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for students
schools needed to prove it was a distraction (was a violation)
*schools can only limit if it is distracting to students and causes a disruption to learning
new jersey v. tlo (1985)
information:
tlo was caught smoking and her bag was searched without her consent
told that they cannot search her bag
amendment:
felt like a violation of her 4th amendment rights
exclusionary rule
lower court:
voted for tlo (warrant was needed)
supreme court:
ruled 6-3 for new jersey (was NOT a violation)
the search was reasonable
*the exclusionary rule is not applied in schools —> students can be searched with just reasonable SUSPICION
bethel v. fraser (1986)
information:
matt fraser was suspended for two days for reading a lewd speech (stuco speech for his bff jeff)
caused disruptions (students were laughing)
amendment:
he sued because he felt like it was a violation of the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for the school (was NOT a violation)
*schools can limit speech if it is lewd or vulgar
hazelwood boe v. kuhlmeier (1988)
information:
kuhlmeier wrote on birth, pregnancy, and divorce in the school newspaper (had lots of stigma against it at the time)
the principal, however, removed the articles
amendment:
sued the districts because she felt like of was a violation of the 1st amendment
freedom of speech and press
lower court:
voted for kuhlmeier (impacts the community as well)
supreme court:
ruled 5-3 for the school (was NOT a violation)
was a part of the school curriculum
*if students’ voice does not align with the school’s, it does not have to be allowed and can be restricted
thompson v. oklahoma (1988)
information:
william thompson convicted of 1st degree murder of charles keene (got sentenced the death penalty)
amendment:
felt like a violation of the 8th amendment (should not have to be sentenced at 15)
cruel and unjust punishment
lower court:
voted for the state
supreme court:
ruled 5-3 for thompson (was a violation)
revoked his death sentence
*those of 15 or younger cannot get the death penalty (too young)
board of education v. earls (2002)
information:
school initiated a drug testing policy (urine samples)
occurs if you are a part of after school and extracurricular activities
amendment:
felt like a violation of the 4th amendment
unreasonable search and seizures
lower court:
voted for earls (the school needed cause for doing so)
supreme court:
ruled 5-4 for the school (was NOT a violation)
*schools can continue to conduct suspicionless drug testing for those involved in any extracurriculars
morse v. frederick (2005)
information:
frederick posted a sign that said “bong hits 4 jesus”
was suspended for 10 days
amendment:
sued the principal as he felt she violated the 1st amendment
freedom of speech
lower court:
voted for frederick
supreme court:
ruled 5-4 for the school (was NOT a violation)
students cannot go against school values
*schools have the power to interfere in students’ speech of influencing drug use and anything that goes against school values
roper v. simmons (2005)
information:
simmons (17 —> already 18) commited murder of shirley crook by throwing her off a bridge
was caught and sentenced the death penalty
amendment:
felt like getting death was a violation o the 8th amendment
cruel and unusual punishment
lower court:
voted against simmons
supreme court:
ruled 5-4 for simmons (was a violation)
*those who were minors at the time of the crime cannot be given the death penalty
district of columbia v. heller (2008)
information:
heller wanted a gun for protection at home but cannot due to a ban on handguns
he is a police officer
amendment:
he felt like it was a violation of the 2nd amendment
lower court:
voted for heller (should have rights)
supreme court:
ruled 5-4 for heller (was a violation)
district court violated his rights
*the 2nd amendment applies to all individuals
states cannot ban the use of handguns, but can make strict laws and regulations like new jersey