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Recent Supreme Court Cases. 2005. ILLINOIS v. CABALLES . Search based solely on sniffing dog did not violate 4 th Amendment. No probable cause needed before dog is used. 5 to 3 decision (Rehnquist did not participate). JOHNSON v. CALIFORNIA .
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ILLINOIS v. CABALLES • Search based solely on sniffing dog did not violate 4th Amendment. • No probable cause needed before dog is used. • 5 to 3 decision (Rehnquist did not participate)
JOHNSON v. CALIFORNIA • California practice of assigning cell mates based on race was not properly reviewed by the 9th Circuit. • Strict Scrutiny must be applied. • State must have a compelling interest. • 5 to 3 decision (Rehnquist did not participate)
ROPER v. SIMMONS • 18 year old sentenced to death for murder committed while he was 17. • Death penalty for crime committed by a minor violates 8th and 14th Amendments. • 5 to 4 decision.
TENET v. DOE • Couple claimed they contracted with the United States to provide espionage services. • Sued for breach of contract. • Services were secret and thus can’t sue to enforce contract for spying. • Unanimous decision
JACKSON v. BIRMINGHAM BOARD of EDUCATION • Male coach of girl’s basketball team removed after complaining about Title IX violations. • Court found that removal was discrimination on the basis of sex. • 5 to 4 decision
SMITH v. CITY OF JACKSON, MISSISSIPPI • New employee pay plan gave larger raises to newer police officers. • More experienced officers more likely to be over 40. • ADEA does allow disparate-impact argument, but sufficient case not made. • Concurring opinion arguing that disparate-impact not allowed under ADEA.
ROUSEY v. JACOWAY • Taxpayers removed money from pension plan and deposited in IRA. • Several years later filed Chapter 7 bankruptcy. • Trustee tried to take funds, but debtors claimed it as exempt property. • Held IRA deposits are exempt. • Unanimous decision
SMALL v. UNITED STATES • Small convicted of smuggling firearms in Japan and served 5 years. • Small purchased a gun in the United States. • Convicted of violating law prohibiting gun purchase by a person “convicted in any court”. • Court held that “any court” means U.S. courts , only. • 5 to 3 decision (Rehnquist did not participate)
BATES v. DOW AGROSCIENCES • Pesticide damaged peanut crop. • EPA had approved pesticide under federal labeling requirements. • Plaintiff set forth several common law tort claims. • Dow argued common-law state claims pre-empted by federal labeling law. • Held that state claims only pre-empted when they impact labeling. • 7 to 2 decision (dissenting in part, concurring in part)
GRANHOLM v. HEALD • Michigan’s liquor regulation system allowed consumers to mail order wine from Michigan producers, but not from out of state producers. • Despite extraordinary authority states are given to regulate alcohol by 21st Amendment, discrimination against out of state producers violates the commerce clause. • 5 to 4 decision
LINGLE v. CHEVRON • Hawaii passed limitation of gas station rental payments. • Chevron argued that the price limitation constitutes a “taking” pursuant to the 5th Amendment. • Court held that it is not a “taking” unless owner loses all economic benefit of property. • Unanimous decision
ARTHUR ANDERSEN v. UNITED STATES • Arthur Anderson was convicted for its destruction of documents associated with the Enron investigation. • The Court reversed the reversed and remanded the conviction, because the jury instructions did not adequately convey the “knowingly and corruptly persuade” requirement. • Unanimous decision
GONZALES v. RAICH • California passed a law, which allowed the use of doctor prescribed marijuana. • The California law conflicted with federal law prohibiting the use of Marijuana. • Held that the federal law is a valid exercise of Congress’ Commerce Clause authority, and thus pre-empts the state law. • 6 to 3 decision
JOHNSON v. CALIFORNIA • Black male defendant was convicted of murdering a white girl. • After potential jurors were eliminated for cause, 3 black jurors remained in pool of 43 eligible jurors. The prosecutor used preemptory challenges to remove the remaining 3 black jurors. • Held that there were sufficient facts to indicate that the preemptive challenges were based on race and violate the equal protection clause. • 8 to 1 decision
AMERICAN TRUCKING ASSOCIATIONS v. MICHIGAN PUBLIC SERVICE COMMISSION • Michigan imposed $100 per year fee on all trucks engaged in intrastate commercial hauling. • Interstate haulers argued that the fee was discriminatory, because on average the interstate haulers do less in Michigan than the intrastate haulers. • Held that the fee does not discriminate, and thus does not violate the dormant commerce clause doctrine. • Unanimous decision
KELO v. CITY OF NEW LONDON • Pursuant to economic development plan, the City of New London condemned several well kept single family homes and rental properties. • Property would be turned over to other private owners. • Held economic development was sufficient to meet the “public use” requirement of the 5th Amendment. • 5 to 4 decision