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John Paul Stevens Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "John Paul Stevens"

DUI Checkpoints: Are They Justified (Still)?

U.S. Supreme Court Upholds Sobriety Checkpoints, Michigan v. Sitz, 496 U.S. 444 (1990) In 1986, the Michigan State Police Department created a sobriety checkpoint program aimed at reducing drunk driving within the state. The program included guidelines governing the location of roadblocks and the amount of publicity to be given to the operation. Before the first roadblock went into effect, Rick Sitz, a licensed Michigan driver, challenged the checkpoints and sought declaratory and injunctive relief. Sitz was victorious in the Michigan lower courts.  In a 6-to-3 decision, the Court held that the roadblocks did not violate the Fourth Amendment.  Chief Justice William...

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Happy MLK Day, A Salute to Thurgood Marshall

One of the heroes of the law is the Honorable Thurgood Marshall.  Marshall won his very first U.S. Supreme Court case, Chambers v. Florida, 309 U.S. 227 (1940), at the age of 32. That same year, he was appointed Chief Counsel for the NAACP. He argued many other cases before the Supreme Court, most of them successfully, including Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). His most famous case as a lawyer was Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the...

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U.S. Supreme Court upholds Fourth Amendment

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]In one of his final decisions, if not his final one, as a justice, Supreme Court Justice David Souter ruled for a divided Court Thursday morning that the intrusive strip search of an Arizona middle-school girl in pursuit of drugs was a violation of her Fourth Amendment rights. But because the constitutional standard was not clear at the time of the search, the Court agreed that the assistant principal who ordered the search in 2003 was entitled to qualified immunity from liability for the violation. The ruling...

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