|Own your ow legal marijuana business||
Your guide to making money in the multi-billion dollar marijuana industry
SUPREME COURT OF THE UNITED STATES
1991.SCT.3307 , 501 U.S. 1212, 111 S. Ct. 2815, 115 L. Ed. 2d 987, 59 U.S.L.W. 3822
June 10, 1991
CHRISTOPHER REED KEMPTON
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF ARIZONA, DIVISION ONE.
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter. Justice White dissenting from the denial of certiorari.
The petition for a writ of certiorari is denied.
The Honorable Justice WHITE dissenting from the denial of certiorari.
In this case, a reliable informant told police that respondent had cocaine in his truck. Several hours later, the police stopped respondent while he was driving his truck, asked for and received permission from respondent to search the truck, and discovered cocaine. Respondent was subsequently convicted, but the Arizona Court of Appeals reversed the conviction, holding that the search of respondent's truck was illegal because it did not fall within the automobile exception to the warrant requirement and was not conducted pursuant to a valid investigatory stop. 166 Ariz. 392, 803 P.2d 113 (1990). The Arizona Supreme Court denied discretionary review.
The Arizona Court of Appeals' holding in this case is contrary to relevant decisions of
this Court, see, e. g., United States v. Hensley, 469 U.S. 221, 226-229, 232 (1985);
Alabama v. White, 496 U.S. (1990); California v. Carney, 471 U.S. 386, 392 (1985);
Michigan v. Thomas, 458 U.S. 259, 261 (1982), and should be reversed. That the decision
below was rendered by an intermediate state appellate court should make no difference. The
trend in state supreme courts towards discretionary review has resulted in the
intermediate state appellate courts taking on a large and significant role in the
development and application of state and federal law in their respective jurisdictions.
This Court should not deny review on the basis of an outdated preception of the role of
state intermediate appellate courts.
Schaffer Library of Drug Policy
Major Studies of Drug and Drug Policy
Marihuana, A Signal of Misunderstanding - The Report of the US National Commission on Marihuana and Drug Abuse
Licit and Illicit Drugs
Short History of the Marijuana Laws
The Drug Hang-Up
Congressional Transcripts of the Hearings for the Marihuana Tax Act of 1937
Frequently Asked Questions About Drugs
Basic Facts About the Drug War
Charts and Graphs about Drugs
Information on Alcohol
Guide to Heroin - Frequently Asked Questions About Heroin
LSD, Mescaline, and Psychedelics
Drugs and Driving
Children and Drugs
Drug Abuse Treatment Resource List
American Society for Action on Pain
Let Us Pay Taxes
Marijuana Business News
Reefer Madness Collection
Medical Marijuana Throughout History
Drug Legalization Debate
Legal History of American Marijuana Prohibition
Marijuana, the First 12,000 Years
DEA Ruling on Medical Marijuana
Legal References on Drugs
GAO Documents on Drugs
Response to the Drug Enforcement Agency
|Drug Information Articles|
Taking a drug test:
How To Pass A Drug Test
Beat Drug Test
Pass Drug Test
Drug Screening Tests
Drug Addiction Treatment