Final Flashcards
Case ruling that the 4th and 5th amendments do not protect against government wiretaps; physical penetration rule (as long as govt. does not intrude on private property)
Olmstead v. United States (1928)
Case that first used substantive due process and ruled that individuals have the right to enter into private contracts by the 14th amendment
Lochner v. New York (1905)
Case ruling that “liberty” in the 14th amendment extends beyond economic rights, particularly the right to marry, acquire knowledge, worship God, etc.
Meyer v. Nebraska (1923)
Case that did not get decided on but a dissent from denial of cert. argued that privacy laws should be subject to strict scrutiny
Poe v. Ullman (1961)
Case ruling that a right to privacy exists in the Constitution (but did not establish where the right comes from) and is fundamental; states can only restrict privacy under strict scrutiny; the amendments create zones of privacy
Griswold v. Connecticut (1965)
Case ruling that wiretaps are unconstitutional and created the “reasonable expectation of privacy” standard; 4th amendment protects tangible and intangible things
Katz v. U.S. (1967)
Case ruling that laws cannot prohibit single people from accessing contraceptives; dicta by Justice Brennan cued litigants in future cases
Eisenstadt v. Baird (1972)
Case ruling that the right to privacy includes a right to obtain an abortion and created a trimester framework for how and when states could restrict abortions
Roe v. Wade (1973)
Case ruling that spousal or parental consent cannot be required by states when a woman wants to obtain an abortion, but opened the door to judicial bypass for parental consent
Planned Parenthood v. Danforth (1976)
Case ruling that Medicaid or some form of federal assistance is not required to pay for a woman’s abortion
Harris v. McCrae (1980)
Case ruling that certain restrictions on abortions are unconstitutional; more important, O’Connor’s dissent arguing that the trimester framework be abandoned and replaced by undue burden
Akron v. Akron Center for Reproductive Health (1983)
Case ruling that public facilities do not have to perform abortions, states may proscribe abortion after viability, Roe did not get overturned
Webster v. Reproductive Health Services (1989)
Case adopting the undue burden test and abandoning the trimester framework, but Roe’s central holding was reaffirmed (righ to abortion)
Planned Parenthood of Pennsylvania v. Casey (1992)
Case ruling that the undue burden test is best used as a cost benefit analysis (health benefits of the restriction v. The burden on women)
Whole Woman’s Health v. Hellerstedt (2016)
Case ruling that the Court would not find a new fundamental right to engage in homosexual activity; fundamental rights are “deeply rooted in history”; rational basis test
Bowers v. Hardwick (1986)
Case overruling the decision in Bowers and striking down a law the criminalized homosexual activity; liberty of private adults to conduct their lives (14th amendment due process clause NOT equal protection)
Lawrence v. Texas (2003)
Case that denied review of the lower court decision on same-sex marriage, ultimately having the effect that same-sex marriage would remain criminal in California
Perry v. Hollingsworth (2013)
Case that struck down the federal Defense of Marriage Act which defined marriage as between one man and woman; states could not make distinctions based on sexual orientation
U.S. v. Windsor (2013)
Case ruling that the right to marry is a fundamental right under the due process clause; states deny equal protection when same-sex couples are denied the right to marry (same-sex marriage is legal)
Obergefell v. Hodges (2015)
Case ruling that businesses may not serve homosexual individuals if their religion forbids same-sex marriage (freedom of religion)
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
Case ruling that a “clear and convincing evidence” standard should be used in right to die cases (clear and convincing evidence of the individual’s wishes)
Cruzan v. Missouri Department of Health (1990)
Case ruling that states can release names and addresses on petitions because the state has an important interest in protecting the electoral process (petition release does not violate privacy)
Doe v. Reed (2010)
Case ruling that Katz has been added to physical penetration rule, not replacing it; monitoring vehicle movement with a tracking device is unconstitutional unless a warrant is obtained and followed
United States v. Jones (2012)
Case ruling that police must obtain a search warrant when utilizing cell phone data from cell phone companies
Carpenter v. United States (2018)
Case establishing a two-prong test to evaluate anonymous tips to the police (must establish validity and reliability of the information)
Aguilar v. Texas (1964) — Aguilar-Spinelli test
Case abandoning the Aguilar-Spinelli test and establishing the totality of circumstances test when analyzing anonymous tips
Illinois v. Gates (1983)
Case ruling that the home is the most protected place against intrusion, even against non-physical intrusion
Kyllo v. U.S. (2001)
Case ruling that the government’s use of trained drug dogs is considered a “search” and must only be done with a warrant
Florida v. Jardines (2013)
Case ruling that routine traffic stops do not justify a full search of the vehicle; goes against privacy
Knowles v. Iowa (1998)
Case ruling that a school’s search of a student is permissible when it is reasonably related to the objectives of the search and not excessively intrusive in the light of the age and sex of the student (reasonable suspicion)
Safford Unified School District v. Redding (2009)
Case ruling that breath tests for drinking and driving do not require a warrant, but blood tests do require a warrant because of their intrusive nature
Birchfield v. North Dakota (2016)
Case ruling that police can search an indivual in public if there is reasonable suspicion to believe that there is criminal activity and the police believes that the person might be armed (govt. interest in police safety)
Terry v. Ohio (1968)
Case ruling that judges must exclude any evidence obtained in violation of the 4th amendment from federal court
Weeks v. U.S. (1914)
Case incorporating the 4th amendment to the states, as protection against searches and seizures is a fundamental right; but the exclusionary rule is not a mandatory way for states to enforce lawful searches and seizures
Wolf v. Colorado (1949)
Case ruling that evidence obtained illegally is inadmissible in federal AND state court; made exclusionary rule mandatory
Mapp v. Ohio (1961)
Case ruling that evidence that is obtained illegally but in good faith by the police can be admitted into court; exclusionary rule is not a deterrent when police are acting in good faith
U.S. v. Leon (1984)
Case ruling that evidence should not be excluded if police violate the knock and announce rule; the rule does not protect an individual from the police taking evidence that is described in a lawful warrant
Hudson v. Michigan (2006)
Case ruling that physical violence cannot be used during police interrogations
Brown v. Mississippi (1936)
Case ruling that police cannot use psychological coercion during police interrogations
Spano v. New York (1959)
Case ruling that an individual has a right to have an attorney present during police interrogations and all subsequent stages
Escobedo v. Illinois (1964)
Case ruling that police are required to warn individuals of their rights when being taken into custody to ensure that the individual was aware of these rights when they are waived; primarily protects against self-incrimination
Miranda v. Arizona (1966)
Case ruling that police cannot obatain incriminating statements before the Miranda warnings and then have them repeated after the warnings are given; diminishes Miranda’s purpose; statements made using this tactic cannot be admissible
Missouri v. Seibert (2004)