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  • Luther v. Borden
    be repealed p7 And that at their January session in the year of our Lord one thousand eight hundred and forty two the said General Assembly passed resolutions in the words following to wit Whereas a portion of the people of this State without the forms of law have undertaken to form and establish a constitution of government for the people of this State and have declared such constitution to be the supreme law and have communicated such condition to the General Assembly and whereas many of the good people of this State are in danger of being misled by these informal proceedings therefore It is hereby resolved by this General Assembly That all acts done by the persons aforesaid for the purpose of imposing upon this State a constitution are an assumption of the powers of government in violation of the rights of the existing government and of the rights of the people at large Resolved That the convention called and organized in pursuance of an act of this General Assembly for the purpose of forming a constitution to be submitted to the people of this State is the only body which we can recognize as authorized to form such a constitution and to this constitution the whole people have a right to look and we are assured they will not look in vain for such a form of government as will promote their peace security and happiness Resolved That this General Assembly will maintain its own proper authority and protect and defend the legal and constitutional rights of the people And that at their January session in the year of our Lord one thousand eight hundred and forty two the said General Assembly passed an act in the words following to wit An act in amendment of an act entitled an act revising the act entitled an act regulating the manner of admitting freemen and directing the manner of electing officers in this State Whereas the good people of this State have elected delegates to a convention to form a constitution which constitution if ratified by the people will become the supreme law of the State therefore Be it enacted by the General Assembly as follows all persons now qualified to vote and those who may be qualified to vote under the existing laws previous to the time of such their voting and all persons who shall be qualified to vote under the provisions of such constitution shall be qualified to vote upon the question of the adoption of the said constitution That under and by virtue of the resolutions and acts last aforesaid a written constitution of government for the said State of Rhode Island and Providence Plantations was framed p8 by a convention legally called elected and assembled and that said proposed constitution was in pursuance of the said resolutions and acts on the 21st 22d and 23d days of March A D 1842 submitted for adoption or rejection to all persons qualified by the existing laws of said State to vote and also to all persons who under the provisions of said constitution were qualified to vote in the legal town and ward meetings of said State and of the city of Providence legally called and assembled and was by a majority of the persons so qualified by law to vote thereon and actually voting thereon rejected That the said Martin Luther and his confederates in causing and fomenting the said rebellion voted against the adoption of said constitution a copy of which is hereunto annexed marked A 3d The defendants further offered all the acts resolutions and proceedings of the said General Assembly of the said Colony and State of Rhode Island and Providence Plantations from the organization of the said government under the said charter until the organization of the present government under the present constitution 4th The defendants offered evidence that on the 24th day of June A D 1842 and for a long time before and from that time continually until after the time when the said trespasses are alleged in the plaintiff s said declaration to have been committed large numbers of men among whom was the said Martin Luther were assembled in arms in different parts of the said State of Rhode Island and Providence Plantations for the purpose and with the intent of overthrowing the government of said State and destroying the same by military force and with such illegal malicious and traitorous intent and purpose at and during the times aforesaid did in different parts of said State make and levy war upon said State and upon the government and citizens thereof and did attempt and enterprize the hurt detriment annoyance and destruction of the inhabitants of said State and the overthrow of the government thereof 5th That in order to protect and preserve said State and the government and the citizens thereof from the destruction threatened by said rebellion and military force the General Assembly of said State on the 25th day of June A D 1842 enacted and declared martial law in the words following An Act establishing Martial Law in this State Be it enacted by the General Assembly as follows Section 1 The State of Rhode Island and Providence Plantations is hereby placed under martial law and the same is declared to be in full force until otherwise ordered by the General Assembly or suspended by proclamation of his Excellency the Governor of the State p9 And thereupon on the 26th day of June A D 1842 Samuel Ward King governor captain general and commander in chief in and over said State of Rhode Island and Providence Plantations issued his proclamation in the words and figures following By his Excellency Samuel Ward King Governor Captain General and Commander in chief of the State of Rhode Island and Providence Plantations A Proclamation Whereas the General Assembly of the said State of Rhode Island and Providence Plantations did on the 25th day of June A D 1842 pass the act following to wit An Act establishing Martial Law in this State Be it enacted by the General Assembly as follows Section 1 The State of Rhode Island and Providence Plantations is hereby placed under marital law and the same is declared to be in full force until otherwise ordered by the General Assembly or suspended by proclamation of his Excellency the Governor of the State I do therefore issue this my proclamation to make known the same unto the good people of this State and all others that they may govern themselves accordingly And I do warn all persons against any intercourse or connection with the traitor Thomas Wilson Dorr or his deluded adherents how assembled in arms against the laws and authorities of this State and admonish and command the said Thomas Wilson Dorr and his adherents immediately to throw down their arms and disperse that peace and order may be restored to our suffering community and as they will answer the contrary at their peril Further I exhort the good people of this State to aid and support by example and by arms the civil and military authorities thereof in pursuing and bringing to condign punishment all engaged in said unholy and criminal enterprise against the peace and dignity of the State In testimony whereof I have caused the seal of said State to be affixed to these presents and have signed the said with my hand Given at the city of Providence on the 26th day of June A D 1842 and of the Independence of the United States of America the sixty sixth SAMUEL WARD KING L S By his Excellency s command HENRY BOWEN Secretary p10 6th That at the time when the trespasses mentioned and set forth in the plaintiff s said declaration are alleged to have been committed and at divers other times before that time the plaintiff was aiding and abetting the aforesaid traitorous malicious and unlawful purposes and designs of overthrowing the government of said State by rebellion and military force and in making war upon said State and upon the government and citizens thereof 7th That at the time when the pretended trespasses mentioned in the plaintiff s declaration are alleged to have been committed the said State was under martial law as aforesaid and the said defendants were enrolled in the company of infantry in the said town of Warren in the fourth regiment of the militia of said State and were under the command of John T Child 8th That said John T Child on the 25th day of June A D 1842 was duly commissioned and sworn as a quartermaster of the fourth regiment of the first brigade of militia of Rhode Island and continued to exercise such command until after the time when the trespasses mentioned in the plaintiff s declaration are alleged to have been committed that on the 27th day of June A D 1842 the said John T Child received written orders from Thomas G Turner Esq lieutenant colonel commanding said regiment and duly commissioned and sworn to continue to keep a strong armed guard night and day in the said Warren and to arrest every person either citizens of Warren or otherwise whose movements were in the least degree suspicious or who expressed the least willingness to assist the insurgents who were in arms against the law and authorities of the State 9th That these defendants were ordered by the said John T Child their commander as aforesaid to arrest and take the said Martin Luther and if necessary for the purpose of arresting and taking the said Luther these defendants were ordered to break and enter the dwelling house of said Luther 10th That these defendants in compliance with said orders and for the purpose of arresting and taking said Luther proceeded to his house and knocked at the door and not being able to obtain admission therein forced the latch of the door of said house and entered the same for the purpose of making said arrest doing as little damage as possible 11th That at the time these defendants were ordered to arrest the said Martin Luther as before stated the town of Warren was in danger of an attack from the said Martin Luther and his confederates and the inhabitants of said town were in great alarm on account thereof p11 And the counsel for the plaintiff to maintain and prove the issue on his part offered in evidence the following matters facts and things in manner following to wit 1st The plaintiff offered in evidence the proceedings and resolutions of a convention of the State of Rhode Island and Providence Plantations passed 29th May 1790 a copy whereof is hereunto annexed marked A 2d The plaintiff offered in evidence the report of a committee of the House of Representatives of the State of Rhode Island c made in June 1829 upon certain memorials to them directed therein praying for an extension of the right of suffrage in said State a copy of which is hereunto annexed marked B 3d The plaintiff offered in evidence resolutions passed by the General Assembly of said State at their session January 1841 a copy of which is hereunto annexed Marked C 4th The plaintiff then offered in evidence the memorial addressed to said Assembly at said session by Elisha Dillingham and others a copy of which is hereunto annexed marked D 5th The plaintiff offered evidence to prove that in the last part of the year 1840 and in the year 1841 associations were formed in many if not in all the towns in the State called Suffrage Associations the object of which was to diffuse information among the people upon the question of forming a written republican constitution and of extending the right of suffrage To prove this he offered the officers and members of said associations also the declaration of principles of said associations passed February 7 1841 and the proceedings of a meeting thereof on the 13th day of April 1841 and also offered witnesses to prove that a portion of the people of this State assembled at Providence on the 17th day of April 1841 under a call from the Rhode Island Suffrage Association to take into consideration certain matters connected with the existing state of suffrage in said State and to prove the proceedings of said meeting and this he offered to prove by the testimony of the chairman of said meeting and the clerk of the same and of other persons present thereat all of which proceedings and declaration resolutions c are hereunto annexed marked E 6th The plaintiff offered to prove that on the 5th day of May A D 1841 a mass convention of the male inhabitants of this State consisting of four thousand and upwards of the age of twenty one years and upwards met at Newport in said State in pursuance of notice for that purpose whereat among other things it was resolved by said convention as follows See copy of said resolutions hereunto annexed marked F 7th The plaintiff offered to prove that the said mass convention p12 at Newport aforesaid adjourned their meeting from said 5th day of May to the 5th day of July 1841 to Providence in said State at which place and time last mentioned said convention reassembled consisting of six thousand persons and upwards of the age of twenty one years and upwards the same being the free male inhabitants of said State when and where among other things it was resolved by said convention as follows See copy of said resolutions hereunto annexed and marked G 8th The plaintiff offered in evidence certain resolutions of the General Assembly of said State passed at their May session 1841 also a certain bill or act presented by a member of said Assembly at the same session and the proceedings of said Assembly thereupon copies of which are hereunto annexed marked H a H b 9th The plaintiff offered in evidence the minority report from the Committee on the Judiciary upon the bill or act mentioned in the eighth offer made to said General Assembly at their June session A D 1841 and the action of said General Assembly thereupon copies of which are hereunto annexed marked I a I b 10th The plaintiff offered to prove that the said State committee by virtue of the authority in them vested by the said mass convention notified the inhabitants of the several towns and of the city of Providence in this State to assemble together and appoint delegates to a convention for the purpose of framing a constitution for this State aforesaid and that every American male citizen twenty one years of age and upwards who had resided in this State as his home one year preceding the election of delegates should have the right to vote for delegates to said convention to draft a constitution to be laid before the people of said State and that every thousand inhabitants in the towns in said State should be entitled to one delegate and each ward in the city of Providence to three delegates as appears by the following request duly published and proclaimed also an address from said committee to the people of the State See the copies of said request and address hereunto annexed and marked J a J b 11th The plaintiff offered to prove that the said notice request or call was duly published and promulgated in public newspapers printed and published in said State and by handbills which were struck up in the public houses and at various other places of public resort in all the towns and in every ward in the city of Providence in said State 12th The plaintiff offered to prove that at the adjourned mass convention aforementioned as held at Providence in said p13 State on the 5th day of July A D 1841 the people of the State then present did by vote duly taken enlarge said State committee by the addition of the following named persons all citizens of this State to wit Providence County Henry L Webster Philip B Stiness Metcalf Marsh Newport County Silas Sissons Bristol County Abijah Luce Kent County John B Sheldon Washington County Wager Weeden Charles Allen 13th The plaintiff offered to prove that at the meeting of the said State committee on the 20th day of July 1841 at Providence aforesaid when the said notice request or call was ordered the following members of said committee were present and approved of the aforesaid call and of all the proceedings then had to wit Samuel H Wales Henry L Webster Benjamin Arnold Jr Welcome B Sayles Metcalf Marsh Philip B Stiness Dutee J Pearce Silas Sissons Benjamin M Bosworth Abijah Luce Sylvester Himes 14th The plaintiff then offered to prove that in the month of August 1841 citizens of this State qualified as aforesaid did meet in their several towns and in the several wards in the said city of Providence and made choice of delegates in conformity with said notice to meet in convention to form a draft of a constitution to be laid before the people of this State and he offered the chairman presiding at said meetings and the persons acting as clerks of the same the votes or ballots then and there cast by the persons voting thereon and of the persons then and there voting to prove the aforesaid facts and to prove the number of citizens so voting 15th The plaintiff offered to prove that the said delegates did meet in convention in said city of Providence in the month of October 1841 and drafted a constitution and submitted it to the people of said State for their examination and then adjourned to meet in said city of Providence in the month of November A D 1841 and he offered to

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0048_0001_ZS.html (2012-11-09)
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  • Lynch v. Donnelly
    Standard v Swint 456 U S 273 285 290 1982 In my view petitioners have made no such showing in this case JUSTICE O CONNOR s concurring opinion properly accords greater respect to the District Court s findings but I am at a loss to understand how the court s specific and well supported finding that the city was understood to have placed its stamp of approval on the sectarian content of the creche can in the face of the Lemon test be dismissed as simply an error as a matter of law Ante at 694 Moreover although the Court brushes the point aside with little explanation see ante at 687 n 13 the Lemon decision s three prong analysis is not the only available standard of review As the Court of Appeals recognized the strict scrutiny analysis adopted in Larson v Valente 456 U S at 244 246 addresses situations in which a governmental policy or practice grants official preference to one religious denomination over another 691 F 2d 1029 1034 1035 CA1 1982 While I am inclined to agree with the Court of Appeals that Pawtucket s practice fails this test it is not necessary that I address this point in view of my conclusion that the city s inclusion of the creche violates the standards fixed in Lemon Furthermore I continue to believe that the test I set forth in Schempp is an appropriate means of determining whether rights guaranteed by the Establishment Clause have been infringed In my view those involvements of religious with secular institutions which a serve the essentially religious activities of religious institutions b employ the organs of government for essentially religious purposes or c use essentially religious means to serve governmental ends where secular means would suffice must be struck down 374 U S at 294 295 In the present case I particularly believe the third element of this test is not met since all of Pawtucket s governmental goals celebrating the holiday season and promoting commerce can be fully realized without the use of the creche by employing such wholly secular means as Santa Claus reindeer and cutout figures See supra at 699 700 12 Indeed in the aid to sectarian schools cases the state financing schemes under review almost always require us to focus on a specific element that may violate the Establishment Clause even though it is a part of a complex and otherwise secular statutory framework See e g Meek v Pittenger 421 U S 349 1975 Wolman v Walter 433 U S 229 1977 See also Committee for Public Education Religious Liberty v Regan 444 U S 646 662 1980 BLACKMUN J dissenting 13 See R Brown The Birth of the Messiah 1977 W Auld Christmas Traditions 1931 A McArthur The Evolution of the Christian Year 1953 14 For Christians of course the essential message of the nativity is that God became incarnate in the person of Christ But just as fundamental to Jewish thought is the belief in the non incarnation of God t he God in whom Jews believe to whom Jews are pledged does not unite with human substance on earth M Buber Israel and the World 1948 reprinted in F Talmage Disputation and Dialogue Readings in the Jewish Christian Encounter 281 282 1975 emphasis deleted This distinction according to Buber constitute s the ultimate division between Judaism and Christianity Id at 281 See also R Reuther Faith and Fratricide 246 1974 Similarly those who follow the tenets of Unitarianism might well find Pawtucket s support for the symbolism of the creche which highlights the Trinitarian tradition in Christian faith to be an affront to their belief in a single divine being See J Williams What Americans Believe and How They Worship 316 317 3d ed 1969 See also C Olmstead History of Religion in the United States 296 299 1960 15 Both the District Court and the Court of Appeals recognized that Christmas comprises both secular and sectarian elements and that this distinction is of constitutional importance See 525 F Supp at 1163 1164 691 F 2d at 1032 1033 id at 1035 1037 Bownes J concurring In addition many observers have explained that historically the Christmas celebration derives both from traditional folk elements such as gift giving and winter seasonal celebrations as well as from Christian religious elements See e g J Barnett The American Christmas A Study in National Culture 9 14 1954 hereafter Barnett R Meyers Celebrations The Complete Book of American Holidays 309 344 1972 B Rosenthal N Rosenthal Christmas 14 15 1980 16 It is worth noting that Christmas shares the list of federal holidays with such patently secular patriotic holidays as the Fourth of July Memorial Day Washington s Birthday Labor Day and Veterans Day See 5 U S C 6103 a We may reasonably infer from the distinctly secular character of the company that Christmas keeps on this list that it too is included for essentially secular reasons 17 See W Auld Christmas Traditions 1931 A McArthur The Evolution of the Christian Year 1953 18 As one commentator has observed Today of course it is admitted even by Catholic exegetes that the Biblical stories recounting Christ s birth are a collection of largely uncertain mutually contradictory strongly legendary and ultimately theologically motivated narratives with a character of their own Unlike the rest of Jesus life there are dream happenings here and angels constantly enter on the scene and leave it as heavenly messengers of God announcing important events H Kung On Being A Christian 451 E Quinn trans 1976 footnote omitted See also R Brown The Birth of the Messiah 25 41 1977 Elliott The Birth and Background of Jesus of Nazareth 28 History Today 773 774 780 1978 19 Many Christian commentators have voiced strong objections to what they consider to be the debasement and trivialization of Christmas through too close a connection with commercial and public celebrations See e g Kelley Beyond Separation of

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0465_0668_ZS.html (2012-11-09)
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  • Lyng v. Northwest Indian Cemetery Protective Association
    would violate certain federal statutes The Court of Appeals affirmed in pertinent part Held 1 The courts below did not clearly explain whether in keeping with the principle requiring that courts reach constitutional questions only when necessary they determined that a decision on the First Amendment issue was necessary because it might entitle respondents to relief beyond that to which they were entitled on their statutory claims The structure and wording of the District Court s injunction however suggest that the statutory holding would not have supported all the relief p440 granted and the Court of Appeals silence as to the necessity of reaching the First Amendment issue may have reflected its understanding that the District Court s injunction necessarily rested in part on constitutional grounds Because it appears reasonably likely that the First Amendment issue was necessary to the decisions below and because the Government is confident that it can cure the statutory defects identified below it would be inadvisable for this Court to vacate and remand without addressing the constitutional question on the merits Pp 445 447 2 The Free Exercise Clause does not prohibit the Government from permitting timber harvesting in the Chimney Rock area or constructing the proposed road Pp 447 458 a In Bowen v Roy 476 U S 693 which held that a federal statute requiring States to use Social Security numbers in administering certain welfare programs did not violate Indian religious rights under the Free Exercise Clause this Court rejected the same kind of challenge that respondents assert Just as in Roy the affected individuals here would not be coerced by the Government s action into violating their religious beliefs nor would the governmental action penalize the exercise of religious rights by denying religious adherents an equal share of the rights benefits and

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0485_0439_ZS.html (2012-11-09)
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  • Mahan v. Howell
    violations of the one person one vote principle The court substituted its own electoral districts reducing to about 10 the percentage variation from the ideal district from the approximately 16 variation permitted by the legislature s plan but contrary to that plan in many instances not following political subdivision lines Held 1 Reapportionment of electoral districts for Virginia s House of Delegates complied with the Equal Protection Clause of the Fourteenth Amendment since the legislature s maximum population percentage variation which was not excessive resulted from the State s rational objective of preserving the integrity of political subdivision lines Pp 320 330 a In the implementation of the basic constitutional principle that both houses of a bicameral state legislature be apportioned substantially on a population basis Reynolds v Sims 377 U S 533 more flexibility is permissible with respect to state legislative reapportionment than with respect to congressional redistricting Pp 320 325 b The State s objective of preserving the integrity of political subdivision lines is rational since it furthers the legislative purpose of facilitating enactment of statutes of purely local concern and preserves for the voters in the political subdivisions a voice in the state legislature on local matters Pp 325 328 c Given the wider constitutional latitude in state legislative reapportionment the population disparities reflected in the legislature s p316 maximum percentage deviation are within tolerable constitutional limits Pp 328 330 2 The establishment by the legislature of three numerically ideal senatorial electoral districts by assigning to one of them about 36 700 persons who were home ported at the U S Naval Station Norfolk regardless of where they actually resided because that is where they were counted on official census tracts was constitutionally impermissible discrimination against military personnel cf Davis v Mann 377 U S 678 and

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0410_0315_ZS.html (2012-11-09)
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  • Maher v. Roe
    S 113 and Doe v Bolton 410 U S 179 the view that abortion and childbirth are simply two alternative medical methods of dealing with pregnancy Held 1 The Equal Protection Clause does not require a State participating in the Medicaid program to pay the expenses incident to nontherapeutic abortions for indigent women simply because it has made a policy choice to pay expenses incident to childbirth Pp 469 480 a Financial need alone does not identify a suspect class for purposes of equal protection analysis See San Antonio School Dist v Rodriguez 411 U S 1 29 411 U S 1 29 Dandridge v Williams 397 U S 471 Pp 470 471 b The Connecticut regulation does not impinge upon the fundamental right of privacy recognized in Roe supra that protects a woman from unduly burdensome interference with her freedom to decide whether or not to terminate her pregnancy That right implies no limitation on a State s authority to make a value judgment favoring childbirth over abortion and to implement that judgment by the allocation of public funds An indigent woman desiring an abortion is not disadvantaged by Connecticut s decision to fund childbirth she continues as before to be dependent on private abortion services Pp 471 474 c A State is not required to show a compelling interest for its policy choice to favor normal childbirth Pp 475 477 d Connecticut s regulation is rationally related to and furthers its strong and legitimate interest in encouraging normal childbirth p465 Beal v Doe ante at 446 The subsidizing of costs incident to childbirth is a rational means of encouraging childbirth States moreover have a wide latitude in choosing among competing demands for limited public funds Pp 478 480 2 Since it is not unreasonable for a State to

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0432_0464_ZS.html (2012-11-09)
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  • Mallory v. United States
    OF THE UNITED STATES 354 U S 449 Mallory v United States CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No 521 Argued April 1 1957 Decided June 24 1957 Petitioner was convicted in a Federal District Court of rape and sentenced to death after a trial in which there was admitted in evidence a confession obtained under the following circumstances he was arrested early in the afternoon and was detained at police headquarters within the vicinity of numerous committing magistrates He was not told of his right to counsel or to a preliminary examination before a magistrate nor was he warned that he might keep silent and that any statement made by him might be used against him Not until after petitioner had confessed about 9 30 p m was an attempt made to take him before a committing magistrate and he was not actually taken before a magistrate until the next morning Held This was a violation of Rule 5 a of the Federal Rules of Criminal Procedure which requires that an arrested person be taken before a committing magistrate without unnecessary delay and the conviction is reversed McNabb v United States

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0354_0449_ZS.html (2012-11-09)
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  • Malloy v. Hogan
    before a referee appointed by a state court to investigate gambling and other criminal activities He refused to answer questions about the circumstances of his arrest and conviction on the ground that the answers might incriminate him Adjudged in contempt and committed to prison until he answered he filed an application for writ of habeas corpus which the highest state court denied It ruled that petitioner was protected against prosecution growing out of his replies to all but one question and that as to that question his failure to explain how his answer would incriminate him negated his claim to the protection of the privilege under state law Held 1 The Fourteenth Amendment prohibits state infringement of the privilege against self incrimination just as the Fifth Amendment prevents the Federal Government from denying the privilege P 8 2 In applying the privilege against self incrimination the same standards determine whether an accused s silence is justified regardless of whether it is a federal or state proceeding at which he is called to testify P 11 3 The privilege is available to a witness in a statutory inquiry as well as to a defendant in a criminal prosecution P 11 p2

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0378_0001_ZS.html (2012-11-09)
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  • Mapp v. Ohio
    HTML version PDF version Syllabus SUPREME COURT OF THE UNITED STATES 367 U S 643 Mapp v Ohio APPEAL FROM THE SUPREME COURT OF OHIO No 236 Argued March 29 1961 Decided June 19 1961 All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court Wolf v Colorado 338 U S 25 overruled insofar as it holds

    Original URL path: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZS.html (2012-11-09)
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