Recent Supreme Court Decisions
United States v. Wong (April 22, 2015)
The time limits on suing the federal government under Section 2401(b) of the Federal Tort Claims Act are subject to equitable tolling, since they have not been expressly tagged by Congress as jurisdictional.
Oneok, Inc. v. Learjet, Inc. (April 21, 2015)
Antitrust claims under state law against entities controlling natural gas pipelines are not pre-empted by the federal Natural Gas Act, since controlling retail prices and curbing other unfair business practices lies within the regulatory authority of the states.
Rodriguez v. United States (April 21, 2015)
Extending a routine traffic stop to conduct a dog sniff is unconstitutional as an unreasonable seizure under the Fourth Amendment unless there is a reasonable suspicion of criminal activity.
Armstrong v. Exceptional Child Ctr., Inc. (March 31, 2015)
No implied private right of action can be inferred from the Supremacy Clause, since it does not create any federal rights, and the equitable power of federal courts to enjoin executive actions may be expressly and implicitly constrained by Congress.
Grady v. North Carolina (March 30, 2015)
The Fourth Amendment may apply to tracking devices on sex offenders, since they are intended to collect information without the individual's consent and thus constitute a search. However, they are unconstitutional only if their use is unreasonable.
Most Read Opinions
Tennessee v. Garner, 471 U.S. 1 (1985)
Under the Fourth Amendment of the U.S. Constitution, a police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Terry v. Ohio, 392 U.S. 1 (1968)
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits states from segregating public school students on the basis of race. This marked a reversal of the "separate but equal" doctrine from Plessy v. Ferguson that had permitted separate schools for white and colored children provided that the facilities were equal.
Miranda v. Arizona, 384 U.S. 436 (1966)
Under the Fourth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started. The prosecution also must be able to prove that any waiver of these rights was both knowing and voluntary.
Brady v. Maryland, 373 U.S. 83 (1963)
The government's withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant's constitutional right to due process.
Roe v. Wade, 410 U.S. 113 (1973)
A person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the Fourteenth Amendment. Viability means the ability to live outside the womb, which usually happens between 24 and 28 weeks after conception.
Mapp v. Ohio, 367 U.S. 643 (1961)
The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the Fourth Amendment.
Lawrence v. Texas, 539 U.S. 558 (2003)
A Texas law criminalizing consensual, adult homosexual intercourse violates the Due Process Clause of the Fourteenth Amendment.
Plessy v. Ferguson, 163 U.S. 537 (1896)
Later overruled by Brown v. Board of Education, this decision embraced the now-discredited idea that “separate but equal” treatment for whites and African-Americans is permissible under the Fourteenth Amendment.
Tinker v. Des Moines School District, 393 U.S. 503 (1969)
Since First Amendment protections extend to students in public schools, educational authorities who want to censor speech will need to show that permitting the speech would significantly interfere with the discipline needed for the school to function.