The Weeks case pertained to an appeal by a defendant who was convicted of transporting lottery tickets through the mail. The conviction was based on evidence gathered after law enforcement officers searched the defendant’s home without a warrant and seized the evidence illegally. The defendant’s conviction was overturned by the Supreme Court and this created what we now know as the exclusionary rule. It was in the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the Supreme Court made the rule germane to the states. Justice Day said, "The tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches and enforced confessions .
The court rejected the Government’s suggestion that the Fourth Amendment exclusionary rule should not apply where evidence is seized in reasonable good-faith reliance on a search warrant. Procedural History: In August 1981, acting on a tip from a confidential informant, officers of the Burbank Police Department began an extensive investigation by surveillance at Respondents’ residences involving drug-trafficking. Respondents Armando Sanchez and Patsy Stewart were identified to be selling large quantities of cocaine and methaqualone from their residence. A check of one of the individuals, Richardo Del Castillo, led officers to Respondent Alberto Leon who had prior arrests for drug charges and was heavily involved in the importation of drugs into this country. Based off of the police officers’ observations and activities at their homes, Officer Cyril Rombach, an experienced, narcotics investigator, prepared an affidavit for a warrant
The police searched her residence but did not find the bombing suspect.However the police did find obscene materials in the house, and Miss Mapp was placed under arrest. Miss Mapp was found guilty and convicted for the illegal materials found in her residence. All evidence found at Miss Mapp’s residence was in violation of the fourth amendment (no unlawful search and seizures) because they did not have a real search warrant.The police, who possessed no warrant to search Mapp's property had acted unlawfully. Any incriminating evidence found during the search should, therefore, be thrown out of court and her conviction overturned. If the 4th Amendment did not limit the prerogatives of police on the local and State level, local law enforcement would have a mandate to search wherever, whenever, and whomever they pleased.
The LAPD violated the 4th Amendment when they searched O.J’s house without a search warrant. People believed that they did this in order to take action immediately and plant evidence which would help convict O.J. Mark Fuhrman, the head detective at LAPD in charge of the investigation, was questioned about the planting of evidence at O.J’s residence, pleading the 5th Amendment. In other words, he refused to respond to the questions given to him and chose to exercise his constitutional right to not speak. As an addition to O.J’s defense, Simpson's attorneys questioned Fuhrman about his alleged prior use of racist terms.
They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. The Arizona Supreme Court denied his appeal and upheld his conviction. Miranda then appealed to the U.S. Supreme Court, which reviewed his case in 1966 (Miranda v. Arizona). Decision The Warren Court argued February 28 – March 2, 1966 Did not decide until June 13, 1966 There were 5 votes for Miranda and 4 votes against Chief Justice Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because “the police had failed to first inform
States that have only one representative allocated choose at-large representatives- the state votes as one entire district. The Senate is the upper house of the United States' legislative branch, possessing only one hundred members to the house's four hundred thirty-five. Each state chooses two senators, regardless of that state's population. The Vice-President is President of the Senate, but he only votes if there is a tie. The Senate and the House are both required to approve legislation before it becomes a law.
Injustice in the Judicial System When the criminal court system was established its intent was to punish the guilty in a humane way and to set the innocent free. From personal experience I have learned that the court system is not about innocence or guilt. The court system is about whom you know and money, usually forcing most people into an involuntary plea. In “Criminal Justice,” it states that, “ the most important real - world fact about our criminal justice system is that a person accused of crimes enjoy no advantages, no matter how many rights the courts and legislatures have apportioned them. For the overwhelming majority of cases, they have no opportunity to exercise any of their rights- instead , these right are plea-bargained away” (64) First of all if you don’t have friends in high places i.e.
The defendant later on denied that any liquor was visible. The defendant was arrested, and the officer seized the alcohol in the car as well as the alcohol he found in the trunk after the arrest. The defendant challenged the constitutionality of his arrest on the grounds that the officer did not have probable cause, and thus the seizure of the alcohol was not agreeable to a valid stop. Legal Issue: Whether or not the requirements of the information on which an officer may act, such as a warrantless search has probable cause? Prosecution Argument: Brinegar already had a reputation on transporting illegal alcohol, and when was pulled over he admitted to having some alcohol on him.
The Texas Court of Criminal Appeals was the highest court in Texas that would see criminal appeals. The court reversed his conviction, saying that the State could not punish Johnson for burning the flag because the First Amendment protects Johnson’s actions. The Supreme Court ruled 5-4, in favor of Johnson. William J. Brennan, Jr. and Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy voted for the majority. Chief Justice William Rehnquist wrote a dissent, meaning he disagreed with the majority.
Alfonzo then appealed arrest and said this law is unconstitutional Lopez believed that the laws went past the power of the United States Congress. His first defense failed and the court ruled and said that Congress had the right and authority to regulate school activities throughout the United States. Alfonzo was convicted for carrying a weapon to school. Then Alfonzo appealed the initial decision and then he brought the case to the Fifth Circuit of Appeals which is a court composed of seventeen active judges John Minor Wisdom United States Court of Appeal which is located in New Orleans, Louisiana. Alfonzo once again claimed that Commerce Clause which is basically where Congress is granted separate power, which Alfonzo thought was a direct violation of the Constitution Of The Unites States.