Wolf V. Colorado
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Wolf V. Colorado
''Wolf v. Colorado'', 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In ''Weeks v. United States'', 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The ''Wolf'' Court decided not to incorporate the exclusionary rule as part of the Fourteenth Amendment in large part because the states which had rejected the Weeks Doctrine (the exclusionary rule) had not left the right to privacy without other means of protection (i.e. the States had their own rules to deter police officers from conducting warrantless and unreasonable searches and seizures). However, because most of the states' rules ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
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Stanley Forman Reed
Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938. Born in Mason County, Kentucky, Reed established a legal practice in Maysville, Kentucky, and won election to the Kentucky House of Representatives. He attended law school but did not graduate, making him the latest-serving Supreme Court Justice who did not graduate from law school. After serving in the United States Army during World War I, Reed emerged as a prominent corporate attorney and took positions with the Federal Farm Board and the Reconstruction Finance Corporation. He took office as Solicitor General in 1935, and defended the constitutionality of several New Deal policies. After the retirement of Associate Justice George Sutherland, President Franklin D. Roosevelt successfully nominated Reed to the Supreme Court. Reed served until ...
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Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic adjectives ''*brûnoz and *brûnâ'' meant b ...
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Twining V
Twining is the process of interlacing strands as if to make twine. Twining may also refer to: Places United States * Twining, Michigan, a village * Twining, New Mexico, an unincorporated community * Twining, Washington, D.C., a neighborhood People * Twining (surname) Other uses * Twining basketry, a type of basket-weaving * Twining Models, an English model-making firm *'' Twining v. New Jersey'', 1908 U.S. Supreme Court case concerning Fifth Amendment rights * USS ''Twining'' (DD-540), American ''Fletcher''-class destroyer *Vines growing upwards by revolving around and leaning on a supporting structure See also *Twinings Twinings () is a British marketer of tea and other beverages, including coffee, hot chocolate and malt drinks, based in Andover, Hampshire. The brand is owned by Associated British Foods. It holds the world's oldest continually used company log ..., a British tea brand * Twinning (other) {{disambiguation, geo ...
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Hurtado V
Hurtado is a Spanish surname. Notable people with the surname include: * Alberto Hurtado (1901–1952), Chilean Jesuit priest, lawyer, social worker and writer * Álvaro Gómez Hurtado (1919–1995), Colombian lawyer, politician, and journalist * Angélica Rivera Hurtado (born 1969), Mexican singer, model and telenovela actress * Amparo Hurtado Albir, Spanish professor, translator and researcher * Avilés Hurtado (born 1987), Colombian football player * Caspar Hurtado (1575–1647), Spanish Jesuit theologian * Cheo Hurtado (born 1960), Venezuelan musician *Diosbelys Hurtado (born 1973), Cuban boxer * Eduardo Hurtado (born 1969), Ecuadorian football player * Edwin Hurtado (born 1970), American baseball player *Erik Hurtado (born 1990), American football player * Ezequiel Hurtado (1825–1890), Colombian soldier and politician * Fabio Hurtado (born 1960), Spanish contemporary painter * Ferran Hurtado (1951–2014), Spanish mathematician and computer scientist * Gaspar Hurtado (1575 ...
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Incorporation Of The Bill Of Rights
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in '' Barron v. Bal ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state th ...
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Wiley Blount Rutledge
Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Franklin D. Roosevelt, he is known for his impassioned defenses of civil liberties. Rutledge favored broad interpretations of the First Amendment, the Due Process Clause, and the Equal Protection Clause, and he argued that the Bill of Rights applied in its totality to the states. He participated in several noteworthy cases involving the intersection of individual freedoms and the government's wartime powers. Rutledge served on the Court until his death at the age of fifty-five. Legal scholars have generally thought highly of the justice, although the brevity of his tenure has minimized his impact on history. Born in Cloverport, Kentucky, Rutledge attended several colleges and universities, graduating with a Bachelor of Laws degree in 1922. He ...
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Frank Murphy
William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving as United States Attorney General, Governor of Michigan, and Mayor of Detroit. He also served as the last Governor-General of the Philippines and the first High Commissioner of the Philippines. Born in "The Thumb" region of Michigan, Murphy graduated from the University of Michigan Law School in 1914. After serving in the United States Army during World War I, he served as a federal attorney and trial judge. He served as Mayor of Detroit from 1930 to 1933 before accepting appointment as Governor-General of the Philippine Islands. He defeated incumbent Republican Governor Frank Fitzgerald in Michigan's 1936 gubernatorial election and served a single term as Governor of Michigan. Murphy lost re-election to Fitzgerald in 1938 and accepted a ...
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William O
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German '' Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name shou ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority op ...
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