Today in Supreme Court History: July 5, 1867

7/5/1867: Justice James Wayne dies.

Justice James Wayne

Comments

[Dan Schiavetta]

United States v. Leon, 468 U.S. 897 (decided July 5, 1984): evidence (here, drugs) can be admitted into evidence despite bad warrant if warrant was facially valid and police relied on it in good faith; warrant found not based on probable cause but purpose of exclusionary rule (to deter police misconduct) didn’t apply

Marsh v. Chambers, 463 U.S. 783 (decided July 5, 1983): use of government funds to pay Nebraska legislature’s chaplain did not violate Establishment Clause (all he did was say a prayer to open the session)

Illinois v. Andreas, 463 U.S. 765 (decided July 5, 1983): defendant arrested when he emerged to pick up internationally shipped box containing marijuana addressed to him but delivered by policemen in disguise; no warrant needed to reopen box to get the evidence because no expectation of privacy (box had been lawfully opened at airport by customs inspector who had then alerted police)

Smith v. Robinson, 468 U.S. 992 (decided July 5, 1984): fees not awarded in successful suit to have mentally disabled child educated at state expense because claim was under Education of Handicapped Act of 1973 (which had no fee award provision) as opposed to 42 U.S.C. §1983 (which does) (holding superseded by Handicapped Children’s Protection Act of 1986)

Massachusetts v. Sheppard, 468 U.S. 981 (decided July 5, 1984): “good faith” exception to exclusionary rule (because of lateness of hour, wrong warrant form used -- for “controlled substances” though the charge was murder -- but probable cause made out and officer had no reason to think warrant, vetted by District Attorney and judge, was invalid)

Selective Service System v. Minnesota PIRG, 468 U.S. 841 (decided July 5, 1984): upholding Constitutionality of Selective Service Act which denies federal financial aid for college if you don’t register for the draft within 30 days of turning 18 (my generation knew that law very well)

Irving Independent School District v. Tatro, 468 U.S. 883 (decided July 5, 1984): Education of the Handicapped Act of 1973 requires school to provide catheter for child with spina bifida (allows bladder to empty)

Segura v. United States, 468 U.S. 796 (decided July 5, 1984): after illegal entry and arrest of occupants (for a drug sale), police could secure the premises for 19 hours until warrant obtained to properly search and seize contents; warrant based on information obtained before entry

Jones v. Barnes, 463 U.S. 745 (decided July 5, 1983): assigned counsel on oral argument of appeal of conviction who argued from his brief had no duty to argue points made by defendant himself in his pro se brief (why did the court accept the pro se brief in the first place?)

INS v. Lopez-Mendoza, 468 U.S. 1032 (decided July 5, 1984): past statements made by deportees in civil deportation hearings admissible despite lack of Miranda warnings; INS’s own rules create adequate Fourth Amendment protections and fact that virtually all persons notified of deportation proceedings voluntarily submit to deportation means that few will challenge their arrest

[SMP0328]

Marsh v. Chambers, 463 U.S. 783 (decided July 5, 1983): use of government funds to pay Nebraska legislature’s chaplain did not violate Establishment Clause (all he did was say a prayer to open the session)

The first hole punched through the Lemon Test. From 1971-1983, Lemon was THE standard for the Establishment Clause. Then in Marsh, Chief Justice Burger (who authored the Opinion of the Court in Lemon) decided that history and tradition should be the standard, completely disregarding Lemon and Justice Brennan's dissent. It took 39 years for Marsh to go from being an exception to Lemon to being Lemon's replacement.

[David Nieporent]

Selective Service System v. Minnesota PIRG, 468 U.S. 841 (decided July 5, 1984): upholding Constitutionality of Selective Service Act which denies federal financial aid for college if you don’t register for the draft within 30 days of turning 18 (my generation knew that law very well)

The House just passed a bill last month to make registration automatic, instead of putting the onus on the individual to register.

[Jerry B.]

“Segura v. United States”

So, if law enforcement makes an illegal entry and arrests, they can then secure the premises and occupants when they realize their warrant is nonexistent and request a retroactive warrant to make everything all nice and legal.

‘That’s some catch, that catch-22’

[JoeFromtheBronx]

James Wayne, unlike John Cambell and Roger Taney (in spirit), stayed loyal during the Civil War. His son did become a Confederate general. He was on the Supreme Court for over 30 years but overall is not otherwise that memorable.

Justice Stevens’ dissent in U.S. v. Leon has some interesting wider discussions. It’s one of those cases where the footnotes are especially noteworthy.

Sen. Ernest Chambers [the unicameral Nebraska legislature calls each member “senators”] is quite a character.

[Dan Schiavetta]

Thanks!

[Rev. Arthur L. Kirkland]

Sen. Chambers sounds like a great man.

[Caphon]

Whew! Wearin’ that hair like he just don’t care!!