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Supreme Court Cases. By: Paloma Hack. McDonald V. Chicago (2 nd amendment). Chicago challenged the second amendment, right to Bear Arms Chicago banning guns Supreme court sided with McDonald to allow him his second amendment right to Bear Arms in Chicago. 2009. McDonald V. ChicagO.
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Supreme Court Cases By: Paloma Hack
McDonald V. Chicago (2nd amendment) • Chicago challenged the second amendment, right to Bear Arms • Chicago banning guns • Supreme court sided with McDonald to allow him his second amendment right to Bear Arms in Chicago 2009
McDonald V. ChicagO • Question: Does the Second Amendment apply to the states because it is incorporated by the Fourthteenth Amendment’s privileges and immunities or due process clauses and thereby made applicable to the states? • Favor McDonald • Supreme court told the state that McDonald had his right to the 14th Amendment rights. • Every American has the right to Bear arms
Weeks V. United States (Amendment 4) • Police entered the home of Fremont Week • Seized papers which were used to convict him of transporting lottery tickets through mail. • No search warrant was presented to Fremont Weeks • Weeks petitioned for the return of his private possessions
Weeks V. United States • Question : did the search and seizure of Weeks’ home violate the Fourth Amendment? • Favor Weeks • The court held the seizure items from Weeks residence • This violates his constitutional rights. • The court also held the government’s refusal to return Weeks’ possessions and this violated the fourth amendment
Olmstead V. United States (Amendment 4) • Roy Olmstead was a suspected bootlegger • Federal agents installed wiretaps in the basement of Olmstead’s building and the streets near his home, without Judicial approval. • Olmstead was convicted with evidence obtained from the wiretaps. 1927
Olmstead V. United States • This case was decided along with Green V. United States, Green and several other defendants were similarly convicted, based on illegally obtained wire tapped conversations for conspiracy to violate the National prohibition Act by importing, possessing and selling illegal liquor. • Favored United states
Olmstead V. United States • Question: Did the use of evidence disclosed in wire tapped private telephone conversations violate the recorded Party’s 4th and 5th amendment ? • No, the 4th nor the 5th amendment rights were violated. There was no forcible or illegally made to conduct the conversations. • Conversations were voluntary • 4th amendment not violated since wire tapping does not involve a search and seizure under the meaning of 4th amendment.
Katz V. United States (Amendment 4) • A suspicion that Katz was transmitting gambling information over the phone to clients in other states. • Federal agents attached an eavesdropping device to the outside of a public phone both that Katz used. • Convicted under an eight count indictment for the illegal transmission of information. 1967
Katz V. United States • Katz argued that the recordings could not be used against him. • Question: Does the 4th amendment protection against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone? • The court ruled that Katz was entitled to 4th amendment. • Favor Katz