Today in Supreme Court History: October 20
- captcrisis
- 14 minutes ago
- 1 min read
United States v. Sandoval, 231 U.S. 28 (decided October 20, 1913): Congress can make laws as to Indian lands (here, a prohibition on bringing in liquor) over the head of the state involved (here, New Mexico) (contains charming anthropological “testimony” as to Native Americans: “Living in separate and isolated communities, adhering to primitive modes of life, largely influenced by superstition and fetichism [sic], and chiefly governed according to the crude customs inherited from their ancestors, they are essentially a simple, uninformed, and inferior people”)
McCarthy v. Arndstein, 266 U.S. 34 (decided October 20, 1924): debtor testifying in bankruptcy proceeding enjoys Fifth Amendment privilege against self-incrimination (though the rest of the experience probably wasn’t too “enjoy”able)
Colorado v. Bannister, 449 U.S. 1 (decided October 20, 1980): warrantless search and arrest were permissible; cop was legitimately on side of car to give driver a ticket (after stopping him for speeding) and saw lug wrench and nuts on floor and in open glove compartment, and driver and his companion matched description of men wanted for stealing car parts (when they saw they were being followed, couldn’t these guys have thrown this stuff under the seat; or maybe eaten it? see this clip from “The Groove Tube”, fondly remembered from my high school days https://www.youtube. com/watch?v=zCzuiqtiWeo)
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