The Warren Court is big because the Warren Court it is the court that takes the Fourteenth Amendment, which states (Insert 14th Amendment here) and starts taking action by challenging rules and laws that exist in states which results in the expansion of civil liberties but more of a federal kind of action. Conservatives at the time would complain because they believe it is not the Supreme Courts job, but Congress’s job. The Supreme Court sees it in the sense of protecting liberty and the Bill of Rights by using the Fourteenth Amendment.
The Chief Justice at the time was Earl Warren who was a Republican. Prior to his nomination to the Supreme Court he was the Governor of California and a Vice President Running mate. He was appointed to the Supreme Court by Dwight D Eisenhower, who would later call Earl Warren the biggest mistake of his Presidency. Once Earl Warren got on the court he wasn’t conservative anymore, he became very liberal with the loose interpretation of the Constitution. He was known to take the words of the amendments and using the Fourteenth Amendment and he would make them mean more that they were originally written.
Mapp
…show more content…
v. Ohio is case of “exclusionary rule”. This case has to do with evidence that is obtained illegally with a bad search warrant or the lack of one in the relationship to the Fourth Amendment which covers privacy. It states that you must possess a search warrant that is based on probable cause, meaning that you have some type of evidence in order to get that search warrant. So in Mapp v.
Ohio, the police didn’t have a search warrant to search for a suspect in crime that was related Ms. Dollre Mapp. When the police approached Ms. Mapp’s home, she demanded a warrant and they didn’t have one, so they showed her a phony warrant, which she then confiscated. When the police failed to find the suspect they started digging and they eventually found illegal obscene pornography, leading to her arrest on obscenity charges. She would then argue that the police had no right to come into her house and it. So Supreme Court takes the Fourth Amendment and create the “Exclusionary Rule”, stating that not only do you need a search warrant but if you it don’t, anything found cannot be used as evidence in a court of law. This essential becomes an expansion of civil rights liberties and protection from government
abuse. Miranda v Arizona, is what most people understand as right that is read or said to you when you are arrested. The Miranda Rights state (Insert Miranda Rights here). Although this right is not written in the Constitution, Fifth or Sixth Amendments that you’re supposed to be told you have the right to remain silent. When Ernesto Miranda was arrested for a horrific crime, he basically forced to confess through interrogation. He goes on to claim, he had the right to an attorney, the right to remain silent but he didn’t know because he was indigenous, uneducated and didn’t understand. The Supreme Court agrees 5-4 in his favor and now the police must read you, your rights, essentially now making the Fifth Amendment bigger.
This case is about Scott Randolph, who’s home was searched without a warrant. Due to this “corrupted” search, police ended up finding cocaine in his home. As a matter of fact both Randolph and his wife Janet Randolph were present during the search, it’s stated that Randolph’s wife gave permission to search the house. However Randolph denied to give that consistent, but police believed that the wife’s permission was all they needed. After the encounter with the drugs, Randolph was arrested for drug possession. This case was taken to trail and both the appellate court and Georgie Supreme court believed that the search of Randolph's home was unconstitutional.
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
I believe this United States Supreme Court case is particularly important because it ultimately defends a person?s Constitutional right to privacy. As stated before, until this decision was made, the search and seizure laws were given little consideration. Although there is always an exception to the rule, for the most part, evidence that is obtained in a way that violates a person?s Constitutional right is inadmissible in Court. This decision has most definitely refined the laws of the admissibility of evidence and the procedures followed by those in law enforcement.
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.
In the 1920’s a heightened suspicion of communist activities on domestic American land arose, the Red Scare. Benjamin Gitlow, a prominent member of the Socialist party, was arrested and convicted on charges of violating the New York Criminal Anarchy Law of 1902 during these drastic times. What was his violation? The publication and circulation of the Left-Wing Manifesto, a mere pamphlet, in the United States was his infringement. He appealed the decision on the basis that it violated his First Amendment rights of freedom of speech and press and it was passed on to the United States Supreme Court. The court ruled 7-2 in favor of Gitlow on the basis of Section 1 of the Fourteenth amendment to the United States Constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gitlow v. New York exemplifies the protection of civil right and liberties with judicial activism.
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
The logic used by the Court in order to justify their conclusion is fraught with weak reasoning and dangerous interpretations of the Constitution. It violates the precedent set in Miranda and seems tainted with a desire to justify consent searches at any cost. Schneckloth v. Bustamonte is a decidedly pro-order case because it qualifies another excuse police can raise to search a citizen, but it is also dangerous because it shows that the Court is not the unbiased referee between liberty and democracy that it should be.
Earl Warren is considered a leader in American politics and law in the 20th century. Warren was the governor of California and during his time was able to secure many major reform legislations that helped modernize hospital systems, prisons, and highways. His time as governor also led to the expansion of the old-age and unemployment benefits. In 1953, he became the 14th Chief of Justice of the U.S. Supreme Court. As Chief of Justice, he was able to rewrite much of the corpus of constitutional law. His most famous case as Chief of Justice was Brown v. Board of Education of Topeka. This case ruled that segregation in schools was unconstitutional since it did not give equal protection under the law to African Americans. Although the court was divided at first, his efforts were able to gain a unanimous decision. His court also sought out electoral reforms, equality in criminal justice and the defense of human rights. In 1963, Gideon v. Wainwright was a major case that sought equality in criminal justice. This case required counsel in court for defendants even if they could not afford
The Exclusionary Rule made its first appearance in the judicial system when it was put there by the Supreme Court thanks to Weeks v. United States. At first the Exclusionary Rule was only used in federal cases, only after fifty years of being adopted by the Supreme Court was it used in state cases as well. Before Weeks v. United States, any and all evidence that was acquired illegally or that violated the peoples constitutional rights was still used, if it was practical to the circumstance. The definition of the Exclusionary Rule is, “a rule that forbids the introduction of illegally obtained evidence in a criminal trial (The Free Dictionary, 2014).” The Fourth Amendment reads “…the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Law, 2008).”
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Constitution was the first stepping stone in the national sovereignty of the United States. It is the supreme law that has been valued and upheld since its ratification in 1787. It holds the rights and freedoms of all Americans and gives structure to the government. To uphold this structure, the judiciary branch was established, alongside the legislative and executive, by the Constitution. However, the judicial branch did not always have the power and influence it does today. Because of the 4th Chief Justice, John Marshall, the Supreme Court eventually gained the power and ability to become coequal to the legislative and executive branches. John Marshall’s establishment of Judicial Review in the Supreme Court and his strong federalists
Then in 1969 Warren Burger was named Chief Justice. That is when the Court started to lean more to the conservatives. By 1989 during William Rehnquists leadership, which runs from 1986 to the present, the conservatives held a majority on most issues. One other Major thing that happened to the Supreme Court in the 1980’s was the appointment of the first lady Justice: Sandra Day O’Connor.