Today in Supreme Court History: July 5

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 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of Handicapped Act of 1973 (which had no fee award provision) as opposed to 42 U.S.C. §1983 (which does) (holding superseded by Handicapped Children’s Protection Act of 1986)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, used “controlled substance” warrant form for murder arrest, 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