Today in Supreme Court History: November 28, 1872

11/28/1872: Justice Samuel Nelson resigns.

Justice Samuel Nelson

Comments

[Dan Schiavetta]

United States v. P.G. Evans, 195 U.S. 361 (decided November 28, 1904): owner of land-anchored feature (lighthouse) can sue in admiralty for damage done by vessel

City of Indianapolis v. Edmond, 531 U.S. 32 (decided November 28, 2000): drug checkpoint (stopping every car, asking for license and registration, conducting "plain view" search and having dog sniff around it) was "unreasonable search" under Fourth Amendment

United States v. Sperry Corp., 493 U.S. 52 (decided November 28, 1989): fee charged by tribunal set up to adjudicate claims as to property in Iran was a permissible user fee and not a "taking" (this was the Iran-United States Claims Tribunal, set up after the Carter Administration on its last day in office got Iran to agree to return assets seized during hostage crisis)

[John F. Carr]

In New Hampshire the feds used their immigration enforcement superpowers to set up a drug checkpoint around the time of a marijuana festival. Most or all of the drug cases were handed over to the state for prosecution. State law enforcement officers had participated in the roadblock and could testify in their usual courts. A state judge threw out the evidence. It would have been admissible in federal court. An immigration checkpoint is a good enough pretext for a federal judge. But the state judge found it incompatible with state constitutional rights.

Any place within 100 miles of a border is subject to warrantless search for immigration enforcement. New England lawmakers wanted to shrink the zone so it didn't cover most of New Hampshire and Vermont.

[Dan Schiavetta]

Interesting. The opposite of the "silver platter" doctrine. (Maybe the "throw out the moldy maple syrup" doctrine.)

[apedad]

Speaking of internal checkpoints....

Around 2012, I was driving from AZ to CA and in the middle of nowhere - but right after I had crossed into CA - I drove up to a California Border Protection Station.

It was just me in a rental so they waived me through but it sure felt like an international border crossing with armed guards, gates, flashlight lights, warning signs, etc.

https://www.cdfa.ca.gov/plant/PE/ExteriorExclusion/borders_faq.html

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

California state has "fruit inspection" checkpoints on every highway coming into the state, far as I know. I've sometimes taken two lane roads in and still encountered them, but I've never investigated all of them.

Maybe this was a California checkpoint, not CBP?

[apedad]

Correct, it was the CA checkpoint, not CBP.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I've driven through them some times with a bag of apples next to me, even eating one, and gotten waved through. I've mostly come to the conclusion they are just another political power trip to remind people who is in charge.

[John F. Carr]

I drove to California a few times and only hit one checkpoint, on US 395 north of Reno. They waved me through without making me stop. I know somebody who had her prized fruit tree destroyed at a checkpoint. She was in a moving truck, I was in a car.

A police car tailed me for a mile or two after I drove through. He may have been hoping I would speed.