which supreme court case declared that a state attorney general cannot issue a search warrant?

by Shaina Schulist Published 2 years ago Updated 1 year ago 7 min read

United States, 389 U. S. 347, 389 U. S. 356-357. it is enough to cite Agnello v. United States, 269 U. S. 20, 269 U. S. 33, decided in 1925: "Belief, however well founded, that an article sought is concealed in a dwelling house furnishes no justification for a search of that place without a warrant.

Does the warrant for search of appellants'premises meet the Fourth Amendment?

United States Supreme Court. MARCUS v. SEARCH WARRANT(1961) No. 225 Argued: March 30, 1961 Decided: June 19, 1961. Proceeding under certain Missouri statutes, as supplemented by a rule of the State Supreme Court, a city police officer appeared in a state trial court and filed a sworn complaint that each of the appellants, a wholesale distributor of magazines, newspapers …

Can the government search premises without a warrant?

U.S. Supreme Court Marcus v. Search Warrant, 367 U.S. 717 (1961) Marcus v. Search Warrant of Property at 104 East Tenth. Street, Kansas City, Missouri. No. 225. Argued March 30, 1961. Decided June 19, 1961. 367 U.S. 717. APPEAL FROM …

What was the name of the search warrant case in 1961?

The State Supreme Court held that the '* * * questions called for answers concerning the membership or participation of named persons in the Progressive Party which, if given, would aid the Attorney General in determining whether that party and its predecessor are or were subversive organizations.' 100 N.H. at page 112, 121 A.2d at page 791.

Can a general warrant be justifiable as a means of discovery?

Jan 17, 2018 · 1. By leave of the Court, 382 U.S. 898, 86 S.Ct. 229, South Carolina has filed a bill of complaint, seeking a declaration that selected provisions of the Voting Rights Act of 19651 violate the Federal Constitution, and asking for an injunction against enforcement of these provisions by the Attorney General. Original jurisdiction is founded on the presence of a controversy between …

Which Supreme Court case declared that a state attorney general Cannot issue a search warrant quizlet?

In Coolidge v. New Hampshire, 403 U.S. 443 (1971) the court decided that a state attorney general cannot issue a warrant — they are chief prosecutors and thus inclined to stand with law enforcement officials.

Which Supreme Court ruling applied the exclusionary rule to the states?

Mapp v. Ohio

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

What was important about Coolidge vs New Hampshire?

In a decision in which a number of justices chose to concur in part and dissent in part, the Court held that the searches and seizures of Coolidge's property were unconstitutional.

Which of the following is an exception to the exclusionary rule supported by the Supreme Court?

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

Does the exclusionary rule apply to states?

In reversing the conviction, the Supreme Court effectively created the exclusionary rule. Then, in 1961, the U.S. Supreme Court made the exclusionary rule applicable to the states with its decision in Mapp v. Ohio.Feb 4, 2019

What did Mapp v. Ohio establish?

OHIO, decided on 20 June 1961, was a landmark court case originating in Cleveland, in which the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial.

Is Edward Coolidge still alive?

Edward Winslow Coolidge '90. Edward Winslow Coolidge '90, March 8, 2015, in Troy, New York, from brain cancer.

What due process rights were covered in the case of Brown v Mississippi?

Brown v. Mississippi, 297 U.S. 278 (1936), was a United States Supreme Court case that ruled that a defendant's involuntary confession that is extracted by the use of force on the part of law enforcement cannot be entered as evidence and violates the Due Process Clause of the Fourteenth Amendment.

Which is a true statement about the Supreme Court's opinion in Horton v California?

Horton v. California, 496 U.S. 128 (1990), was a United States Supreme Court case in which the Court held that the Fourth Amendment does not prohibit the warrantless seizure of evidence which is in plain view.

Which of the following is an exception to the exclusionary rule supported by the Supreme Court quizlet?

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

Why did the Supreme Court adopt the exclusionary rule?

The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials. Standing requirement: Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights.

Which case made the exclusionary rule applicable to the states quizlet?

Boyd v. U.S. The U.S. Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of: a.

What did the Supreme Court say about random drug tests?

Acton (1995), the Supreme Court held that random drug tests of student athletes do not violate the Fourth Amendment's prohibition of unreasonable searches and seizures. Some schools then began to require drug tests of all students in extracurricular activities. The Supreme Court in Earls upheld this practice.

What is the Supreme Court ruling in Oklahoma?

Oklahoma, the Supreme Court ruled that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment. Roper argued that "evolving standards of decency" prevented the execution of an individual for crimes committed before the age of 18.

What is the case of Bethel v. Fraser?

Bethel School District #43 v. Fraser (1987) Holding: Students do not have a First Amendment right to make obscene speeches in school. Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate ...

Do students have the right to make obscene speeches?

Holding: Students do not have a First Amendment right to make obscene speeches in school. Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office.

What is the Supreme Court ruling in Veronia School District v. Acton?

Acton (1995), the Supreme Court held that random drug tests of student athletes do not violate the Fourth Amendment's prohibition of unreasonable searches and seizures. Some schools then began to require drug tests of all students in extracurricular activities.

Why was the New York Times sued?

The New York Times was sued by the Montgomery, Alabama police commissioner, L.B. Sullivan, for printing an advertisement containing some false statements. The Supreme Court unanimously ruled in favor of the newspaper saying the right to publish all statements is protected under the First Amendment.

Why did Gregory Lee Johnson burn the flag?

To protest the policies of the Reagan administration, Gregory Lee Johnson burned an American flag outside of the Dallas City Hall. He was arrested for this act, but argued that it was symbolic speech. The Supreme Court agreed, ruling that symbolic speech is constitutionally protected even when it is offensive.

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