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Jun 30 1975

United States Vs. Brignoni-ponce

Court: US Supreme Court

Decided on: Jun-30-1975

United States v. Brignoni-Ponce - 422 U.S. 873 (1975) U.S. Supreme Court United States v. Brignoni-Ponce, 422 U.S. 873 (1975) United States v. Brignoni-Ponce No. 74-114 Argued February 18, 1975 Decided June 30, 1975 422 U.S. 873 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Fourth Amendment held not to allow a roving patrol of the Border Patrol to stop a vehicle near the Mexican border and question its occupants about their citizenship and immigration status, when the only ground for suspicion is that the occupants appear to be of Mexican ancestry. Except at the border and its functional equivalents, patrolling officers may stop vehicles only if they are aware of specific articulable facts, together with rational inferences therefrom, reasonably warranting suspicion that the vehicles contain aliens who may be illegally in the country. Pp. 422 U. S. 878 -887. (a) Because of the important governmental interest in preventing the illeg...


Jun 30 1975

Doran Vs. Salem Inn, Inc.

Court: US Supreme Court

Decided on: Jun-30-1975

Doran v. Salem Inn, Inc. - 422 U.S. 922 (1975) U.S. Supreme Court Doran v. Salem Inn, Inc., 422 U.S. 922 (1975) Doran v. Salem Inn, Inc. No. 74-337 Argued April 21-22, 1975 Decided June 30, 1975 422 U.S. 922 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Three corporations (M & L, Salem, and Tim-Rob), on August 9, 1973, filed a complaint in District Court, seeking a temporary restraining order, preliminary injunction, and declaratory relief, against Doran, a law enforcement official, claiming that a North Hempstead, N.Y., ordinance proscribing topless dancing, which the corporations had provided as entertainment in their bars, violated their First and Fourteenth Amendment rights. The District Court denied the prayer for a temporary restraining order instanter, and set the motion for a preliminary injunction for hearing on August 22. On August 10, M & L, alone of the three corporations, which had theretofore complied with the ordinance, resu...


Jun 30 1975

Herring Vs. New York

Court: US Supreme Court

Decided on: Jun-30-1975

Herring v. New York - 422 U.S. 853 (1975) U.S. Supreme Court Herring v. New York, 422 U.S. 853 (1975) Herring v. New York No. 73-6587 Argued February 26, 1975 Decided June 30, 1975 422 U.S. 853 APPEAL FROM THE APPELLATE DIVISION, SUPREME COURT OF NEW YORK, SECOND JUDICIAL DEPARTMENT Syllabus A total denial of the opportunity for final summation in a nonjury criminal trial as well as in a jury trial deprives the accused of the basic right to make his defense, and a New York statute granting every judge in a nonjury criminal trial the power to deny such summation before rendition of judgment denies the accused the assistance of counsel guaranteed by the Sixth Amendment of the Constitution as applied against the States by the Fourteenth. Pp. 422 U. S. 856 -865. 43 App.Div.2d 816, 351 N.Y.S.2d 368, vacated and remanded. STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. REHNQUIST, J., filed a dissenting opin...


Jun 30 1975

Bowen Vs. United States

Court: US Supreme Court

Decided on: Jun-30-1975

Bowen v. United States - 422 U.S. 916 (1975) U.S. Supreme Court Bowen v. United States, 422 U.S. 916 (1975) Bowen v. United States No. 73-648 Argued February 18, 1975 Decided June 30, 1975 422 U.S. 916 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The principles of Almeida-Sanchez v. United States, 413 U. S. 266 , that the Fourth Amendment prohibits the Border Patrol from using roving patrols to search vehicles, without a warrant or probable cause, at points removed from the border and its functional equivalents, will not be applied retroactively to invalidate searches that occurred prior to the date of that decision. United States v. Peltier, ante, p. 422 U. S. 531 . As the Court of Appeals in this case correctly decided that Almeida-Sanchez did not apply retroactively, petitioner is not entitled to the benefit of that court's further but unnecessary ruling that Almeida-Sanchez extended to searches at traffic checkpoints. Pp. 4...


Jun 30 1975

United States Vs. Ortiz

Court: US Supreme Court

Decided on: Jun-30-1975

United States v. Ortiz - 422 U.S. 891 (1975) U.S. Supreme Court United States v. Ortiz, 422 U.S. 891 (1975) United States v. Ortiz No. 73-2050 Argued February 18, 1975 Decided June 30, 1975 422 U.S. 891 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Fourth Amendment held to forbid Border Patrol officers, in the absence of consent or probable cause, to search private vehicles at traffic checkpoints removed from the border and its functional equivalents, and for this purpose there is no difference between a checkpoint and a roving patrol. Almeida-Sanchez v. United States, 413 U. S. 266 , followed. Pp. 422 U. S. 892 -898. Affirmed. POWELL, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, MARSHALL, and REHNQUIST, JJ., joined. REHNQUIST, J., filed a concurring opinion, post, p. 422 U. S. 898 . BURGER, C.J., filed an opinion concurring in the judgment, in which BLACKMUN, J., joined, post, p. 422 U. S. 8...


Jun 30 1975

Hill Vs. Printing Industries of the Gulf Coast

Court: US Supreme Court

Decided on: Jun-30-1975

Hill v. Printing Industries of the Gulf Coast - 422 U.S. 937 (1975) U.S. Supreme Court Hill v. Printing Industries of the Gulf Coast, 422 U.S. 937 (1975) Hill v. Printing Industries of the Gulf Coast No. 74-456 Argued April 15, 1975 Decided June 30, 1975 422 U.S. 937 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Syllabus In light of recent amendments to the Texas Election Code provision whose constitutionality is at issue, the District Court's judgment is vacated, and the case is remanded to that court for reconsideration and for dismissal if the case is or becomes moot. 382 F.Supp. 801, vacated and remanded. PER CURIAM. The parties to this case have informed us that the State of Texas has enacted the Political Funds Reporting and Disclosure Act of 1975, which will become effective on September 1, 1975. * Section 11 of that Act substantially amends Art. 14.10(b) (Supp. 1971975) of the Texas Election Code, the constitutionality of which...


Jun 30 1975

White Vs. Regester

Court: US Supreme Court

Decided on: Jun-30-1975

White v. Regester - 422 U.S. 935 (1975) U.S. Supreme Court White v. Regester, 422 U.S. 935 (1975) White v. Regester No. 73-1462 Argued February 19, 1975 Decided June 30, 1975 422 U.S. 935 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS Syllabus In light of recent Texas apportionment legislation substituting single-member election districts for the multimember districts at issue, the District Court's judgment is vacated, and the case is remanded to that court for reconsideration and for dismissal if the case is or becomes moot. 378 F.Supp. 640, vacated and remanded. PER CURIAM. We are informed that the State of Texas has adopted new apportionment legislation providing single member districts to replace the multimember districts which are at issue before us in this case. That statute, by its terms, does not become effective until the 1976 elections, and intervening special elections to fill vacancies, if any, will be held in the districts inv...


Jun 30 1975

Faretta Vs. California

Court: US Supreme Court

Decided on: Jun-30-1975

Faretta v. California - 422 U.S. 806 (1975) U.S. Supreme Court Faretta v. California, 422 U.S. 806 (1975) Faretta v. California No. 73-5772 Argued November 19, 1974 Decided June 30, 1975 422 U.S. 806 CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT Syllabus The Sixth Amendment as made applicable to the States by the Fourteenth guarantees that a defendant in a state criminal trial has an independent constitutional right of self-representation and that he may proceed to defend himself without counsel when he voluntarily and intelligently elects to do so, and, in this case, the state courts erred in forcing petitioner against his will to accept a state-appointed public defender and in denying his request to conduct his own defense. Pp. 422 U. S. 812 -836. Vacated and remanded. STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. BURGER, C.J., filed a dissenting opinion, in which BLAC...


Jun 26 1975

ivan Allen Co. Vs. United States

Court: US Supreme Court

Decided on: Jun-26-1975

Ivan Allen Co. v. United States - 422 U.S. 617 (1975) U.S. Supreme Court Ivan Allen Co. v. United States, 422 U.S. 617 (1975) Ivan Allen Co. v. United States No. 74-22 Argued April 115, 1975 Decided June 26, 1975 422 U.S. 617 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In determining the applicability of 533(a) of the Internal Revenue Code of 1954 -- which provides a rebuttable presumption that a corporation that has accumulated earnings "beyond the reasonable needs of the business" did so with "the purpose to avoid the income tax with respect to shareholders" -- listed and readily marketable securities owned by the corporation and purchased out of its earnings and profits are to be taken into account not at their cost to the corporation, but at their net liquidation value. Pp. 422 U. S. 624 -635. 493 F.2d 426, affirmed. BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, MARSHALL, and REHNQUI...


Jun 26 1975

Weinberger Vs. Salfi

Court: US Supreme Court

Decided on: Jun-26-1975

Weinberger v. Salfi - 422 U.S. 749 (1975) U.S. Supreme Court Weinberger v. Salfi, 422 U.S. 749 (1975) Weinberger v. Salfi No. 74-214 Argued March 19, 1975 Decided June 26, 1975 422 U.S. 749 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus After her husband of less than six months died, appellee widow filed applications for mother's Social Security insurance benefits for herself and child's insurance benefits for her daughter by a previous marriage, but the Social Security Administration (SSA), both initially and on reconsideration at the regional level, denied the applications on the basis of the duration of relationship requirements of the Social Security Act (Act), 42 U.S.C. 416(c)(5) and (e)(2) (1970 ed. and Supp. III), which define "widow" and "child" so as to exclude surviving wives and stepchildren who had their respective relationships to a deceased wage earner for less than nine months prior to his death. Appellees widow...


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