Case Law

  • Tennessee v. Garner (1985)

    • Deadly force (excessive use of force) can’t be used unless it’s to prevent the suspect from fleeing or they pose a threat to the officer or others

  • Terry v. Ohio (1968)

    • Stop and frisk (a pat down is considered a frisk) for officers safety (looking for some type of weapon)

  • Chimel v. California (1969)

    • A search can happen after arrest without a warrant (search incident to a lawful arrest)

  • United States v. Drayton (2002)

    • Police don’t have to tell you that you can say “no” to a search without a warrant (you should say no)

  • Miranda v. Arizona (1966)

    • Miranda rights came from this: right to remain silent, anything you say can and will be used against in a court of law, you have the right to an attorney - and if you can’t afford it - one will be provided to you

  • Berghuis v. Thompkins (2010)

    • You must verbally assert your miranda rights

  • Weeks v. United States (1914)

    • Exclusionary Rule was established on a federal level

  • Mapp v. Ohio (1961)

    • Established the exclusionary rule on a state level

  • Strickland v. Washington (1984) ****

    • For a death penalty case, they have a right to have counsel. If they believe they were not defended properly and they go to the death penalty (Strickland test), they can appeal saying that the attorney’s decisions led to the outcome.

  • United States v. Salerno and Cafero (1987)

    • Don’t have to offer bail to prevent suspect from committing another crime prior to conviction (ability to “hold someone”)

  • Boykin v. Alabama (1969)

    • Defendant must voluntarily enter/understand their guilty plea

  • North Carolina v. Alford (1970)

    • Alford plea; a person can accept a plea deal while still maintaining their innocence

  • Missouri v. Frye (2012)

    • Protection of 6th amendment rights

      • Right to counsel at any point even during plea bargaining, protection against ineffective counsel.

  • Williams v. Florida (1970)

    • Jury can have less than 12 people (still constitutional) and can be as small as 6

  • Witherspoon v. Illinois (1968)

    • Jurors can be removed constitutionally if they don’t support the death penalty through voir dire or line of questioning (not automatically excluded in capital cases though)

  • Furman v. Georgia (1972)

    • Way the death penalty was being used in the case was unconstitutional (got rid of death penalty)

  • Gregg v. Georgia (1976)

    • Reinstated the death penalty (the judge and the jury have to consider aggravating and mitigating circumstances) and additionally there has to be a separate sentencing and trial. (process is bifurcated - trial the sentencing)

  • McCleskey v. Kemp (1987)

    • Looked at racial discrimination, but the appeal was rejected (courts didn’t agree)

  • Atkins v. Virginia (2002)

    • It’s unconstitutional to put someone under death penalty that has mental illness

  • Roper v. Simmons (2005)

    • It is unconstitutional to put someone under the death penalty who committed the crime as a minor.