Click to read cases and listen to oral argument 

Oral arguments and decisions at oyez

Full-text decisions at justia

person listening

Hearsay is not enough for a warrant

Unknown caller

Corroborated anonymous tip may support a stop

Lost and found

The prison lost my stuff!

Hate crime

Who decides whether to add penalties for hate crimes?

man stealing a bike

Does the Sixth Amendment right to counsel apply to misdemeanors?

traffic stop

What are the limits to a vehicle search incident to arrest?

police computer

The computer says you have a warrant. You deny it. Now what?

inmate

To what extent can police use psychological pressure?

stereo

Police suspect stereo is stolen. What can they do?

syringes and gavel

Who can get the death penalty? Who can't?

Seat belt

Can you be arrested for not wearing a seat belt?

juror chairs

How many jurors is enough?

hourglass

What does a "speedy" trial mean?

jury

What does a jury of your "peers" mean?

syringes

Baze v. Rees (2008) 

What are the rules for lethal injections?

cash and handcuffs

Can you be imprisoned for failure to pay?

dice

Defendant gambled on a new trial and lost - now what?

lawsuit

Can an unlawful search or seizure support a federal lawsuit?

handcuffs and gavel

Can a judge order an "exceptional" (high) sentence, or is a jury needed?

sentencing

Is a victim impact statement at capital sentencing cruel and unusual punishment?

inmate and lawyer

Must prisons provide  law libraries or adequate legal assistance?

confession

What are prosecutors' duties regarding potentially exculpatory evidence?

Juvenile justice

Does juvenile + adult trial = double jeopardy?

snowy road

The "Christian Burial Speech"

ambulance

Emergency aid exception to Fourth Amendment warrant requirement

man grabbing man

Police cannot use physical coercion to gain confessions

jury

Non-unanimous six-member jury for state criminal non-petty offense violated right to trial by jury

hypnosis

Burns v. Reed (1991) 

Police questioned suspect while she was under hypnosis 

will

Do ex post facto laws apply to wills?

trash cans at curb

Can police search trash at curb without a warrant or probable cause?

man fleeing police officer

When is a person "seized" by police?

bootlegger vehicle

The Automobile Exception

dollar

The first "incorporation" of a right in the Bill of Rights against a state

police arrest and search

How broad is a search incident to arrest?

Scales of justice

Is the death penalty for rape cruel and unusual punishment?

prison

Can plaintiffs file Bivens civil rights actions against private prisons?

treason

Defining the limits of treason

inmate and accuser

Who wins in this battle between hearsay deemed reliable and the Confrontation Clause?

religious symbols

Cruz v. Beto (1972) 

To what extent must prisons allow inmates' religious activities?

sentence structure

California's determinate sentencing law falls, based on Apprendi

keys

A new standard for expert testimony sets the judge as gatekeeper

question marks

Assertion of the right to counsel must be "unambiguous or unequivocal request for counsel" 

undo button

Good-faith exception to exclusionary rule applies to a search that was authorized by precedent 

peace sign gesture

Sixth Amendment Confrontation Clause does not apply to "non-testimonial" statements 

meeting

States may not deny the constitutional right of peaceable assembly

gun

The right to bear arms applies to self-defense, not only militia

hand raised to signal stop

Once a defendant invokes the Fifth Amendment right to counsel, police must cease custodial interrogation

prisoner being questioned

One in the custody of law enforcement has a Sixth Amendment right to speak to an attorney

prison bars

What right does a probationer have to contest revocation?

prisoner getting temperature checked

Deliberate indifference by prison staff to a prisoner's serious illness or injury constitutes cruel and unusual punishment

noose

The Supreme Court expanded "life and limb" in the Double Jeopardy Clause to include misdemeanor punishment, clearing the way for the evolution of double jeopardy law in its current form

federal law

Can the federal government prosecute a state official for neglecting state duties to protect a federal election?

calendar

Ex parte US (1916) 

Can federal judges suspend sentences indefinitely?

panel of judges

It is not unconstitutional for a court to transfer the duty of habeas review to an appellate panel

people answering the door

Can police perform a warrantless search when the defendant who previously objected is not present and a co-tenant consents?

crowded bus

The test of whether a "reasonable person" felt free to decline or terminate a search presupposes his or her innocence

phone showing unknown caller

Florida v. JL (2000) 

Police may not stop and frisk based solely on an anonymous tip with location, appearance & allegation

evaluator

Defendants have due process right to a competency evaluation and an evidentiary hearing regarding their competency to be executed

federal vs. state law

 Can federal courts apply the Fourteenth Amendment Due Process Clause to state criminal proceedings?

ask an expert

Frye v. United States (D.C. Cir. 1923)*

To be admitted into evidence, expert testimony must be based on accepted scientific methods

gurney

The US Supreme Court invalidated all death penalty schemes in the US as arbitrary

probation department

Probationer is entitled to a hearing when his/her probation is revoked

guidelines

Courts of Appeals may not presume sentences that fall outside federal sentencing guidelines to be unreasonable

one thumb up, one down

Police cannot search a house where one resident consents  while another objects

empty wallet

Sixth Amendment requires states to pay for attorneys for indigent criminal defendants

mic

The Fourteenth Amendment prohibits states from infringing free speech

driver

A claim of police excessive force during an arrest, stop, or seizure is subject to objective reasonableness standard

prison

Other than homicide, no life sentence without parole for juveniles

prison fence

Though there is no constitutional right to early release from prison, a statute may create a constitutionally protected expectation of parole

Georgia flag

Supreme Court allowed reinstatement of the death penalty where new laws provided sufficient clarity

police search

Reasonable warrantless search of probationer’s residence does not violate the Fourth Amendment

contraceptives

State's ban on the use of contraceptives violated right to marital privacy

sentence

Does a statutory mandatory sentence that does not allow consideration of mitigating factors constitute cruel and unusual punishment?

drugs and gun

Supreme Court affirmed admissibility of evidence of a crime found by officers during a proper, warrantless, search for evidence of an unrelated crime

car window

Discovery and seizure of contraband discovered during inventory search does not violate the Fourth Amendment

bullets

The Fourth Amendment does not prohibit the warrantless seizure of evidence in plain view

door knocker

Evidence need not be excluded when police violate the "knock-and-announce" rule

lethal injection

Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty

grand jury

Federal right to grand jury is not incorporated to the states

car

Gates replaced the Aguilar–Spinelli test for probable cause with the "totality of the circumstances" test

statute books

No suppression of evidence found in search based on statute struck down after search

police roadblock

Fourth Amendment permits the police to use a roadblock to investigate a traffic incident

police tape

Officers may prevent occupant from entering his/her home while they obtain a search warrant

jail

Undercover police agents need not give Miranda warnings when talking to suspects in jail

door ajar

Warrantless entry  based upon third party consent is valid  where police reasonably believe third party has common authority over premises

man fleeing

Sudden, unprovoked flight from police officers patrolling a high crime area may justify a stop

prosecutor

Prosecutors have full immunity from civil suits resulting from their prosecutorial duties

juvenile

In re Gault (1967) 

14th Amendment Due Process Clause applies to juvenile defendants 

scales of justice

In re Winship (1970) 

Established proof beyond a reasonable doubt as the burden in juvenile cases

police roadblock

No narcotics roadblocks without reasonable suspicion

gender symbols

Peremptory challenges based solely on a prospective juror's gender are unconstitutional

trap

Entrapment defense defined

legal assistant

State prisons must allow inmates access to legal system, via legal assistants or otherwise

phone booth

Expansion past the trespass approach to the right to privacy

dvd

Can prosecution/victim play video of victim during sentencing?

child victim

Is the death penalty for child rape cruel & unusual?

juvenile court

Full investigation is necessary before waiver of jurisdiction of juvenile court

calendar

State indefinitely suspending trial violates right to speedy trial.

house thermal image

Use of thermal imaging device to monitor heat of home, even from a public street, requires a search warrant

rabbi with book

Does it violate the First Amendment to have a rabbi to offer prayers at a graduation ceremony?

flag and cross

3-pronged test to avoid violating the Establishment Clause. Statute must have a secular legislative purpose, its principal effect cannot promote nor inhibit religion, and it cannot foster “excessive government entanglement with religion”

electric chair

Does a second attempted execution constitute double jeopardy or cruel and unusual punishment

police

Does a police officer get immunity when presenting a judge with an application for a warrant that does not state probable cause?

interrogation

Fifth Amendment privilege against compelled self-incrimination applies to state courts 

judge

Mapp v. Ohio (1961) 

Fourth Amendment exclusionary rule is incorporated to the states

Supreme court

"It is emphatically the province and duty of the judicial department to say what the law is."

person hiding

Protective sweep doctrine

search warrant

What is the standard for officers who execute an invalid search warrant signed by a judge?

confession

Are a represented defendant’s incriminating statements admissible if made without counsel after a criminal proceeding has begun?

courthouse

Discussion of limits on appeals

gun

The right to self-defense is "fundamental" and "deeply rooted" and applies to the states

judge

Does a prosecutor's plea agreement that a cooperating defendant be given the minimum sentence authorize a judge to depart below a statutory minimum?

drug test

It is a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a drug test report without the testimony of the person who performed the test?

judge

Mempa v. Rhay (1967) 

Does the Sixth Amendment right to counsel extend to probation revocation hearings?

checkpoint

Are police sobriety checkpoints constitutional?

testifying

Which statements are "testimonial" for Confrontation Clause purposes?

prison cell

Are mandatory sentences of life without parole constitutional for juveniles?

obscenity

Obscenity test outlined

drugs in pocket

Officer conducting a lawful patdown search for weapons may seize non-weapon contraband in plain view (feel)

probation

Admissions made to a probation officer about a crime unrelated to the probation are admissible in subsequent prosecution

bedroom

Overnight guest has a reasonable expectation of privacy in bedroom

interrogation

Suspect must be advised of rights to remain silent and to counsel before custodial interrogation

gavel

Supreme Court upheld constitutionality of US Sentencing Commission authority over sentencing guidelines 

phone

Police failure to inform suspect about attorney’s phone call did not invalidate his waiver of Miranda rights

court hearing

Established necessity of parole revocation hearing

handcuffs

Can police detain residents in handcuffs while executing search warrant?

mistake

Can appellant raise late claims if earlier filing was neglected due to attorney's mistake?

drug testing

Can employees be subjected to drug testing without probable cause?

fact or fake

Does a law to prohibit publishing "disinformation" violate the free press provision of the First Amendment?

headlines

No prior restraints on media coverage during criminal trials

locker search

What is the standard for searches of students conducted by public school officials?

gun

Precursor to Bruen - mooted when NY changed its law

gun

Does the Second Amendment protect the right to carry a firearm?

traffic stop

Officer arresting a vehicle occupant may search vehicle incident to arrest

holster

The public safety exception to Miranda

liar

Is defendant's Sixth Amendment right to counsel violated when an attorney refuses to present perjured testimony at his trial?

searching

The "inevitable discovery" exception to the exclusionary rule

court

Does the introduction into evidence of prior testimony of a witness who had not been cross-examined violate the Sixth Amendment?

wiretapping

Does wiretapping violate the Fourth or Fifth Amendments?

stacking

Oregon v. Ice (2009) 

Can judges order consecutive, rather than concurrent, sentences for multiple offenses?

double jeopardy

Does the Fifth Amendment prohibition against double jeopardy apply to the states?

mourner

Does the Eighth Amendment prohibit a capital sentencing jury from considering the impact that a victim's death had upon surviving family members?

inmate

Can prisons restrict inmates' First Amendment rights?

gavel

Does the federal Fourth Amendment exclusionary rule  apply to parole revocation hearings?

inmate

Ponte v. Real (1985) 

Must prison officials document reasons for denying inmate requests?

mail

Can prisons censor inmate mail and disallow contact with law students?

cell

Does housing more than one inmate in a cell constitute cruel and unusual punishment?

police at door

When can police break down a door to execute a search warrant?

prison guard

Are private prison guards entitled to qualified immunity from federal civil lawsuits?

sentence

Who can evaluate aggravating factors necessary for the death penalty - judge or jury?

chart

Can courts presume sentences to be reasonable or unreasonable based on relation to sentencing guidelines?

drug user

Can states punish defendants for being drug addicts?

prisoner

No death penalty for crimes committed while under age 18

apartment

Can police search a parolee's residence without a warrant or probable cause?

prison

When does a prison rule create a liberty interest for an inmate?

arrest

Can a ruling on qualified immunity be paired with the question of whether unreasonable force was used in making an arrest?

bars

Can juveniles be held in custody pending trial?

fees

Does a bail system that charges fees violate equal protection requirements?

folders

When can a court reopen a case in light of new evidence?

car accident

With this tragic end, was this car chase justified?

wiretap

Rules for minimization of electronic surveillance

scary tree

Fruit of the poisonous tree

newspaper

Can papers publish the names of juveniles charged with crimes?

attorneys

Can attorneys strike jurors based on race?

trap

What is entrapment?

police officer

The Community Caretaker exception

anonymous person

Can police cite anonymous informants to support search warrant requests?

officer shooting

Officer may use deadly force against fleeing felon only with good faith belief that suspect poses significant risk to others

hidden gun

Terry v. Ohio (1968) 

Police may stop and frisk for weapons based upon reasonable & articulable suspicion

boat

Can murder and cannibalism be defended in court as a necessity?

gavel and cash

Incorporation of the Eighth Amendment's prohibition against excessive fines upon the states

judge and lawyer

To show selective prosecution, one must show that a prosecutorial policy had both a discriminatory purpose and a discriminatory effect

jury

Sixth Amendment right to jury trial requires that other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding statutory maximum

forgery

To what extent must intent be proven in a forgery/uttering case?

hourglass

Are anticipatory warrants constitutional?

affidavit

An investigator's personal knowledge can provide a factual basis for a search affidavit

electrical plant

Court held warrantless search, supported by reasonable suspicion and authorized by a condition of probation, was reasonable, with no "probationary purpose" needed

oops

The Court established the "good faith" exception to the Fourth Amendment exclusionary rule

us border

Police may use checkpoints, & stop & question people near international borders without individualized suspicion 

conversation

Hearsay is admissible evidence at a suppression hearing 

police officer signaling to stop

A "seizure" occurs when an officer uses displays of authority to detain a person

US border

Detention of traveler at international border is justified by reasonable suspicion

machine gun

Who decides on machine gun sentence enhancement - judge or jury?

ten commandments

Does Ten Commandments monument at state capitol building violate First Amendment's establishment clause?

mental hospital

Criminal conviction and sentence of imprisonment extinguish right to freedom from confinement during the sentence, but do not authorize a state to classify one as mentally ill or authorize involuntary psychiatric treatment without due process protections

sleeping lawyer

Failure to object at a criminal trial does not allow a defendant to later challenge the conviction on habeas corpus grounds, when a state has a rule requiring contemporary objections.

desk

The Fourth Amendment does not distinguish between instrumentalities or fruits of a crime and other evidence

documents

Creation of the Fourth Amendment Exclusionary Rule

traffic stop

Pretextual stops do not violate the Constitution

jury

Court approved 6-person jury in state criminal cases

judge

It is not unconstitutional for a sentencing judge to consider information that was not presented in open court

door

The common-law "knock-and announce" principle forms part of the Fourth Amendment reasonableness inquiry

prison guard

Inmates claiming that prison conditions violate the Eighth Amendment must show a culpable state of mind by prison officials

bullet

Winston v Lee (1985) 

Surgery is too invasive to be used to seize evidence

Colorado sign

The Court declined to impose the federal Exclusionary Rule on the states

inmate

Prisoners retain some due process rights when incarcerated

murder

Mandatory death penalty for first-degree murder violates the Eighth Amendment

messy car trunk

With probable cause to search a stopped vehicle, police may search its contents

teen suspect

When deciding whether a suspect is "in custody" and thus entitled to Miranda warnings, must officer consider the suspect's age and history with law enforcement?

* Case has been overturned