The Nineties in America - Salem Press (2009)

(C. Jardin) #1

 Legislation: U.S. Supreme Court Decisions


Year Case Significance


1990 Alabama v. White The Court ruled that a reliable anonymous tip provided police with
sufficient “reasonable suspicion” to stop a vehicle.


1990 California v. Acevedo Police were allowed to conduct warrantless searches of automobiles and
any containers in them if they had probable cause to believe that there
was contraband or evidence of a crime.


1990 Employment Division, Department of
Human Resources of the State of Oregon
v. Smith


The Supreme Court restricted the ability of the Native American Church
to use peyote in its ceremonies by upholding a drug conviction against a
claim that the use of the drug was protected by the free exercise clause.
The Court also held that neutral laws with an adverse impact on the free
exercise clause need not be subjected to the strict scrutiny test.

1990 Maryland v. Craig When a trial judge made a finding that a potential victim of child abuse
would be traumatized by proceedings in front of the defendant, a one-
way closed-circuit television with a defense lawyer in the room who was
able to cross-examine the child was admissible hearsay because it
sufficiently tested the validity of the child’s testimony.


1991 Arizona v. Fulminante The Court found that an FBI informant’s promise of protection in
prison in exchange for a confession was coercive because there existed
a real threat of physical harm for the defendant if he did not confess.
The Court also stated that the conviction would not be automatically
overturned, but would be retried without the use of the illegally
obtained confession.


1991 Barnes v. Glen Theatre, Inc. A 5-4 Court upheld a statute prohibiting nude dancing performed as
entertainment. A state, under its general police power for the public
health, safety, and morals of its citizens had a substantial governmental
interest in protecting societal order, so this law that limited only some
expressive activity did not violate freedom of speech.


1991 Gregory v. Ashcroft A state’s mandatory judicial retirement at age seventy was constitutional
because voters rarely observe judicial action and the state had a
legitimate need to ensure the competency of their judiciary.


1991 Hafer v. Melo State officers were not immune from personal liability just because their
actions were carried out in an official capacity.


1991 Harmelin v. Michigan It was not cruel and unusual punishment under the Eighth Amendment
to impose a mandatory life sentence without the possibility of parole
upon a first-time offender for selling drugs.


1992 Lee v. Weisman In a 5-4 decision, the Court struck down the state-sponsored practice of
having clergy-led prayer as part of official public school ceremonies
because it violated the establishment of religion clause.


1992 Lucas v. South Carolina Coastal
Council


A regulatory taking that requires compensation occurred only when all
reasonable economic use was denied to a landowner, but no
compensation was due if a state prohibited a proposed use because it
would be detrimental to the public health, safety, or welfare under
nuisance or property law. If a regulation unfairly singled out a property
owner to bear an economic burden that should have been borne by the
public, then just compensation was due.
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