Beck V. Ohio
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Beck V. Ohio
''Beck v. Ohio'', 379 U.S. 89 (1964), is a United States Supreme Court decision concerning evidence obtained as part of an unlawful arrest. Reversing the Ohio Supreme Court's decision, the U.S. Supreme Court held that Ohio police arrested defendant without probable cause, so the criminally-punishable evidence found on his person during an incidental search was inadmissible. Accordingly, the U.S. Supreme Court vacated defendant's conviction. Facts Receiving unspecified "information" and "reports" concerning William Beck and his current whereabouts, policeman in Cleveland, Ohio stopped him in his automobile and placed him under arrest without a warrant on November 10, 1961 for "a clearing house operation, scheme of chance." As incidental to arrest, they searched, firstly, his car and found nothing noteworthy. At the police station, however, they searched his person and discovered, "beneath the sock of his leg," an envelope containing a number of clearing house slips, a then-illeg ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Probable Cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision '' Beck v. Ohio'', is when "whether at he moment of arrestthe facts and circumstances within n officer'sknowledge and of which they had reasonably trustworthy information resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense." It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches ( unlawful search and seizure), and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to per ...
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Cleveland
Cleveland ( ), officially the City of Cleveland, is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located in the northeastern part of the state, it is situated along the southern shore of Lake Erie, across the U.S. maritime border with Canada, northeast of Cincinnati, northeast of Columbus, and approximately west of Pennsylvania. The largest city on Lake Erie and one of the major cities of the Great Lakes region, Cleveland ranks as the 54th-largest city in the U.S. with a 2020 population of 372,624. The city anchors both the Greater Cleveland metropolitan statistical area (MSA) and the larger Cleveland–Akron–Canton combined statistical area (CSA). The CSA is the most populous in Ohio and the 17th largest in the country, with a population of 3.63 million in 2020, while the MSA ranks as 34th largest at 2.09 million. Cleveland was founded in 1796 near the mouth of the Cuyahoga River by General Moses Cleaveland, after whom the city was named ...
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Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The state's capital and largest city is Columbus, with the Columbus metro area, Greater Cincinnati, and Greater Cleveland being the largest metropolitan areas. Ohio is bordered by Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the west, and Michigan to the northwest. Ohio is historically known as the "Buckeye State" after its Ohio buckeye trees, and Ohioans are also known as "Buckeyes". Its state flag is the only non-rectangular flag of all the U.S. states. Ohio takes its name from the Ohio River, which in turn originated from the Seneca word ''ohiːyo'', meaning "good river", "great river", or "large creek". The state arose from the lands west of the Appalachian Mountai ...
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Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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1964 In United States Case Law
Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 - In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patriarch Athenagoras I of Constantinople meet in Jerusalem. * January 6 – A British firm, the Leyland Motors, Leyland Motor Corp., announces the sale of 450 buses to the Cuban government, challenging the United States blockade of Cuba. * January 9 – ''Martyrs' Day (Panama), Martyrs' Day'': Armed clashes between United States troops and Panamanian civilians in the Panama Canal Zone precipitate a major international crisis, resulting in the deaths of 21 Panamanians and 4 U.S. soldiers. * January 11 – United States Surgeon General Luther Terry reports that smoking may be hazardous to one's health (the first such statement from the U.S. government). * January 12 ** Zanzibar Revolution: The predominantly Arab government of Zanzibar is overthrown b ...
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United States Fourth Amendment Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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