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mapp v. ohio (1961)

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1

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

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2

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”

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3

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

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4

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

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5

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

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6

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

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7

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

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8

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

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9

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

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10

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

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11

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)

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12

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

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13

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

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14

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

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15

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

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