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Legal References on Drug Policy
Federal Court Decisions on Drugs by Decade
1980
Year
Court |
Title and Summary |
1980
US District Court, District of Columbia |
NORML v. Bell The
NATIONAL ORGANIZATION FOR The REFORM OF MARIJUANA LAWS (NORML), et al., Plaintiffs, v.
Griffin B. BELL, et al., Defendants. Civ. A. No. 1897-73. United States District Court,
District of Columbia. Feb. 11, 1980. |
1980
US Supreme Court |
UNITED STATES v. HAVENS -
No. 79-305 - 1980.SCT.1875 , 446 U.S. 620, 100 S. Ct. 1912, 64 L. Ed. 2d 559 - May 27,
1980 |
1980
US Supreme Court |
United States v.
Mendenhall -No. 78-1821 -1980.SCT.1872, 446 U.S. 544, 100 S.
Ct. 1870, 64 L. Ed. 2d 497 - May 27, 1980 Respondent, prior to trial in Federal District
Court on a charge of possessing heroin with intent to distribute it, moved to suppress the
introduction in evidence of the heroin on the ground that it had been acquired through an
unconstitutional search and seizure by Drug Enforcement Administration (DEA) agents. At
the hearing on the motion, it was established that when respondent arrived at the Detroit
Metropolitan Airport on a flight from Los Angeles, two DEA agents, observing that her
conduct appeared to be characteristic of persons unlawfully carrying narcotics, approached
her as she was walking through the concourse, identified themselves as federal agents, and
asked to see her identification and airline ticket. After respondent produced her driver's
license, which was in her name, and her ticket, which was issued in another name, the
agents questioned her briefly as to the discrepancy and as to how long she had been in
California. After returning the ticket and driver's license to her, one of the agents
asked respondent if she would accompany him to the airport DEA office for further
questions, and respondent did so. At the office the agent asked respondent if she would
allow a search of her person and handbag and told her that she had the right to decline
the search if she desired. She responded: "Go ahead," and handed her purse to
the agent. A female police officer, who arrived to conduct the search of respondent's
person, also asked respondent if she consented to the search, and respondent replied that
she did. When the policewoman explained that respondent would have to remove her clothing,
respondent stated that she had a plane to catch and was assured that if she was carrying
no narcotics there would be no problem. Respondent began to disrobe without further
comment and took from her undergarments two packages, one of which appeared to contain
heroin, and handed them to the policewoman. Respondent was then arrested for possessing
heroin. The District Court denied the motion to suppress, concluding that the agents'
conduct in initially approaching the respondent and asking to see her ticket and
identification was a permissible investigative stop, based on facts justifying a suspicion
of criminal activity, that respondent had accompanied the agents to the DEA office
voluntarily, and that respondent voluntarily consented to the search in the DEA office.
Respondent was convicted after trial, but the Court of Appeals reversed, finding that
respondent had not validly consented to the search.
Held : The judgement is reversed, and the case is remanded. Pp. 550-560; 560-566. |
1980
US Supreme Court |
BIFULCO v.
UNITED STATES - SUPREME COURT OF THE UNITED STATES - No. 79-5010 - 1980.SCT.2193 , 447
U.S. 381, 100 S. Ct. 2247, 65 L. Ed. 2d 205 - June 16, 1980 |
1981
US Supreme Court |
BLACKBURN,
WARDEN v. THOMAS - SUPREME COURT OF THE UNITED STATES - No. 80-777 -
1981.SCT.840 , 450 U.S. 953, 101 S. Ct. 1413, 67 L. Ed. 2d 380, 49 U.S.L.W. 3615 -
February 23, 1981 |
1981
US Supreme Court |
ALBERNAZ
ET AL. v. UNITED STATES - SUPREME COURT OF THE UNITED STATES - No. 79-1709 -
1981.SCT.997 , 450 U.S. 333, 101 S. Ct. 1137, 67 L. Ed. 2d 275, 49 U.S.L.W. 4237 - March
9, 1981 |
1981
US Supreme Court |
BALDWIN v. UNITED
STATES.- SUPREME COURT OF THE UNITED STATES - No. 80-1031. -1981.SCT.1471
, 450 U.S. 1045, 101 S. Ct. 1767, 68 L. Ed. 2d 244, 49 U.S.L.W. 3742 - April 6, 1981 |
1981
US Supreme Court |
STEAGALD v. UNITED
STATES - SUPREME COURT OF THE UNITED STATES - No. 79-6777 - 1981.SCT.1675 , 451
U.S. 204, 101 S. Ct. 1642, 68 L. Ed. 2d 38, 49 U.S.L.W. 4418 - April 21, 1981 |
1981
US Supreme Court |
ESTELLE, CORRECTIONS
DIRECTOR v. SMITH - No. 79-1127 - 1981.SCT.1895 , 451 U.S. 454, 101 S. Ct. 1866, 68 L.
Ed. 2d 359, 49 U.S.L.W. 4490 - May 18, 1981 |
1981
US Supreme Court |
DOE, BY DOE
ET UX., HER PARENTS AND NEXT FRIENDS v. RENFROW, SUPERINTENDENT OF THE HIGHLAND
COMMUNITY SCHOOL CORPORATION, ET AL. - No. 80-1306 - 1981.SCT.2167 , 451 U.S. 1022, 101 S.
Ct. 3015, 69 L. Ed. 2d 395, 49 U.S.L.W. 3880 - May 26, 1981 |
1981
US Supreme Court |
NEW YORK v. BELTON -
SUPREME COURT OF THE UNITED STATES - No. 80-328 -1981.SCT.2679 , 453 U.S. 454,
101 S. Ct. 2860, 69 L. Ed. 2d 768, 49 U.S.L.W. 4915 - July 1, 1981 |
1981
US Supreme Court |
Robbins
v. California -No. 80-148 -1981.SCT.2678, 453 U.S. 420, 101 S. Ct. 2841,
69 L. Ed. 2d 744, 49 U.S.L.W. 4906 -July 1, 1981 When California Highway
Patrol officers stopped petitioner's station wagon for proceeding erratically, they
smelled marihuana smoke as he opened the car door. In the ensuing search of the car, the
officers found in the luggage compartment two packages wrapped in green opaque plastic.
They then unwrapped the packages, both of which contained bricks of marihuana. Petitioner
was charged with various drug offenses, and, after his pretrial motion to suppress the
evidence found when the packages were unwrapped was denied, he was convicted. The
California Court of Appeal affirmed, holding that the warrantless opening of the packages
was constitutionally permissible since any experienced observer could reasonably have
inferred from the appearance of the packages that they contained bricks of marihuana.
Held : The judgement is reversed. Pp. 423-429; 429-436.
The Honorable Justice STEWART, joined by JUSTICE BRENNAN, JUSTICE WHITE, and JUSTICE
MARSHALL, concluded that the opening of the packages without a search warrant violated the
Fourth and Fourteenth Amendments. Pp. 423-429.
(a) A closed piece of luggage found in a lawfully searched car is constitutionally
protected to the same extent as are closed pieces of luggage found anywhere else. United
States v. Chadwick, 433 U.S. 1; Arkansas v. Sanders, 442 U.S. 753. Pp. 423-425. |
1981
US Supreme Court |
CROUCH ET AL.
v. UNITED STATES. - SUPREME COURT OF THE UNITED STATES - No. 81-5009. - 1981.SCT.3944
, 454 U.S. 952, 102 S. Ct. 491, 70 L. Ed. 2d 259, 50 U.S.L.W. 3299 - October 19,
1981 |
1982
US Supreme Court |
HUTTO, DIRECTOR, VIRGINIA STATE
DEPARTMENT OF CORRECTIONS, ET AL. v. DAVIS - SUPREME COURT OF THE UNITED STATES - No.
81-23 - 1982.SCT.5 , 454 U.S. 370, 102 S. Ct. 703, 70 L. Ed. 2d 556, 50 U.S.L.W. 3540 -
January 11, 1982 |
1982
US Supreme Court |
WASHINGTON v. CHRISMAN -
SUPREME COURT OF THE UNITED STATES - No. 80-1349 - 1982.SCT.278 , 455 U.S. 1, 102 S. Ct.
812, 70 L. Ed. 2d 778, 50 U.S.L.W. 4133 -January 13, 1982 |
1982
US Supreme Court |
United
States v. Ross -No. 80-2209 -1982.SCT.2151, 456 U.S. 798, 102 S. Ct. 2157,
72 L. Ed. 2d 572, 50 U.S.L.W. 4580 -June 1, 1982 Held : Police officers who have
legitimately stopped an automobile and who have probable cause to believe that contraband
is concealed somewhere within it may conduct a warrantless search of the vehicle that is
as thorough as a magistrate could authorize by warrant. Pp. 804-825. |
1982
US Supreme Court |
MICHIGAN v. THOMAS -
SUPREME COURT OF THE UNITED STATES - No. 81-593 - 1982.SCT.2658 , 458 U.S. 259, 102
S. Ct. 3079, 73 L. Ed. 2d 750, 50 U.S.L.W. 3998 - June 28, 1982 |
1983
US Supreme Court |
FLORIDA v. ROYER - March
23, 1983 After purchasing a one-way airline ticket to New York City at Miami
International Airport under an assumed name and checking his two suitcases bearing
identification tags with the same assumed name, respondent went to the concourse leading
to the airline boarding area, where he was approached by two detectives, who previously
had observed him and believed that his characteristics fit the so-called "drug
courier profile." Upon request, but without oral consent, respondent produced his
airline ticket and driver's license, which carried his correct name. When the detectives
asked about the discrepancy in names, respondent explained that a friend had made the
ticket reservation in the assumed name. The detectives then informed respondent that they
were narcotics investigators and that they had reason to suspect him of transporting
narcotics, and, without returning his airline ticket or driver's license, asked him to
accompany them to a small room adjacent to the concourse. Without respondent's consent,
one of the detectives retrieved respondent's luggage from the airline and brought it to
the room. While he did not respond to the detectives' request that he consent to a search
of the luggage, respondent produced a key and unlocked one of the suitcases in which
marihuana was found. When respondent said he did not know the combination to the lock on
the second suitcase but did not object to its being opened, the officers pried it open and
found more marihuana. Respondent was then told he was under arrest. Following the Florida
trial court's denial of his pretrial motion to suppress the evidence obtained in the
search of the suitcases, respondent was convicted of felony possession of marihuana. The
Florida District Court of Appeal reversed, holding that respondent had been involuntarily
confined within the small room without probable cause, that at the time his consent to
search was obtained, the involuntary detention had exceeded the limited restraint
permitted by Terry v. Ohio, 392 U.S. 1, and that such consent was therefore invalid
because tainted by the unlawful confinement.
Held : The judgement is affirmed. |
1983
US Supreme Court |
UNITED STATES v. EIGHT THOUSAND EIGHT
HUNDRED AND FIFTY DOLLARS ($8,850) IN UNITED STATES CURRENCY -SUPREME COURT OF THE
UNITED STATES - No. 81-1062 - 1983.SCT.2013 , 461 U.S. 555, 103 S. Ct. 2005, 76 L. Ed. 2d
143, 51 U.S.L.W. 4587 - May 23, 1983 |
1983
US Supreme Court |
ILLINOIS v. GATES ET UX. - No.
81-430 - 1983.SCT.2318 , 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527, 51 U.S.L.W. 4709
- June 8, 1983 |
1983
US Supreme Court |
FLORIDA v. CASAL ET AL. -
SUPREME COURT OF THE UNITED STATES - No. 81-2318 - 1983.SCT.2429 , 462 U.S. 637, 103 S.
Ct. 3100, 77 L. Ed. 2d 277, 51 U.S.L.W. 4827 - June 17, 1983 |
1983
US Supreme Court |
ILLINOIS v. ANDREAS - SUPREME
COURT OF THE UNITED STATES - No. 81-1843 - 1983.SCT.2734 , 463 U.S. 765, 103 S. Ct. 3319,
77 L. Ed. 2d 1003, 51 U.S.L.W. 5157 - July 5, 1983 |
1983
US Supreme Court |
BARCLAY v. FLORIDA -
SUPREME COURT OF THE UNITED STATES - No. 81-6908 - 1983.SCT.2739 , 463
U.S. 939, 103 S. Ct. 3418, 77 L. Ed. 2d 1134, 51 U.S.L.W. 5206 - July 6, 1983 |
1984
US Supreme Court |
UNITED STATES v. JACOBSEN ET AL.
- SUPREME COURT OF THE UNITED STATES - No. 82-1167 - 1984.SCT.1298 , 466 U.S. 109, 104 S.
Ct. 1652, 80 L. Ed. 2d 85, 52 U.S.L.W. 4414 - April 2, 1984 |
1984
US Supreme Court |
BERKEMER, SHERIFF OF FRANKLIN
COUNTY, OHIO v. MCCARTY - SUPREME COURT OF THE UNITED STATES - No. 83-710 -
1984.SCT.2605 , 468 U.S. 420, 104 S. Ct. 3138, 82 L. Ed. 2d 317, 52 U.S.L.W. 5023 - July
2, 1984 |
1984
US Supreme Court |
UNITED STATES v. KARO ET AL. -
No. 83-850 - 1984.SCT.2644 , 468 U.S. 705, 104 S. Ct. 3296, 82 L. Ed. 2d 530, 52 U.S.L.W.
5102 - July 3, 1984 |
1984
US Supreme Court |
UNITED STATES v. LEON ET AL. -
No. 82-1771 - 1984.SCT.2649 , 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677, 52 U.S.L.W.
5155 - July 5, 1984 |
1984
US Supreme Court |
SEGURA ET AL. v. UNITED
STATES - SUPREME COURT OF THE UNITED STATES - No. 82-5298 - 1984.SCT.2648
, 468 U.S. 796, 104 S. Ct. 3380, 82 L. Ed. 2d 599, 52 U.S.L.W. 5128 - July 5, 1984 |
1984
US Supreme Court |
BORCHARDT
v. UNITED STATES. - SUPREME COURT OF THE UNITED STATES - No. 83-1643. -
1984.SCT.4152 , 469 U.S. 937, 105 S. Ct. 341, 83 L. Ed. 2d 276, 53 U.S.L.W. 3315
-October 29, 1984 |
1984
US Supreme Court |
FLORIDA v. RODRIGUEZ
- November 13, 1984 . . respondent was charged with possession of cocaine
with intent to distribute, (and) a county police officer, who had special training and
experience in narcotics surveillance and apprehension, testified that he and another
plainclothes officer followed respondent and his companions after they behaved in an
unusual manner while leaving a ticket counter in the Miami International Airport; . . . .
The court granted respondent's motion to suppress the cocaine, holding that his rights
under the Fourth and Fourteenth Amendments had been violated, and the Florida District
Court of Appeal affirmed.
Held : Because of the public interest in suppressing illegal drug transactions and
other serious crimes, a temporary detention for questioning in the case of an airport
search -- even though constituting a "seizure" for Fourth Amendment purposes --
may be justified without a showing of "probable cause" if there is
"articulable suspicion" that a person has committed or is about to commit a
crime. |
1984
US Supreme Court |
UNITED STATES v. SHARPE
ET AL. - SUPREME COURT OF THE UNITED STATES - No. 83-529 - 1985.SCT.1337 , 470 U.S.
675, 105 S. Ct. 1568, 84 L. Ed. 2d 605, 53 U.S.L.W. 4346 - March 20, 1985 |
1984
US Supreme Court |
UNITED STATES v. JACOBSEN ET AL.
- No. 82-1167 - 1984.SCT.1298 , 466 U.S. 109, 104 S. Ct. 1652, 80 L. Ed. 2d 85, 52
U.S.L.W. 4414 - April 2, 1984 |
1985
US Supreme Court |
SWEAT ET AL. v. ARKANSAS
- SUPREME COURT OF THE UNITED STATES - No. 84-49 - 1985.SCT.380 , 469 U.S. 1172,
105 S. Ct. 933, 83 L. Ed. 2d 944, 53 U.S.L.W. 3504 - January 14, 1985 |
1985
US Supreme Court |
UNITED STATES v. JOHNS ET AL.
- No. 83-1625 - 1985.SCT.415 , 469 U.S. 478, 105 S. Ct. 881, 83 L. Ed. 2d 890, 53 U.S.L.W.
4126 - January 21, 1985 |
1985
US Supreme Court |
UNITED STATES v. GAGNON ET AL.
- No. 84-690 - 1985.SCT.1154 , 470 U.S. 522, 105 S. Ct. 1482, 84 L. Ed. 2d 486, 53
U.S.L.W. 3665 - March 18, 1985 |
1985
US Supreme Court |
CALIFORNIA v. CARNEY
- SUPREME COURT OF THE UNITED STATES - No. 83-859 - 1985.SCT.1974 , 471
U.S. 386, 105 S. Ct. 2066, 85 L. Ed. 2d 406, 53 U.S.L.W. 4521 - May 13, 1985 |
1985
US Supreme Court |
BLACK,
DIRECTOR, MISSOURI DEPARTMENT OF CORRECTIONS AND HUMAN RESOURCES, ET AL. v.
ROMANO - SUPREME COURT OF THE UNITED STATES - No. 84-465 - 1985.SCT.2181 , 471 U.S.
606, 105 S. Ct. 2254, 85 L. Ed. 2d 636, 53 U.S.L.W. 4580 - May 20, 1985 |
1985
US Supreme Court |
GARRETT v.
UNITED STATES - No. 83-1842 - 1985.SCT.2348 , 471 U.S. 773, 105 S. Ct. 2407, 85 L. Ed.
2d 764, 53 U.S.L.W. 4629 - June 3, 1985 |
1987
US Supreme Court |
MARYLAND v. GARRISON - No.
85-759 - 1987.SCT.936 , 480 U.S. 79, 107 S. Ct. 1013, 94 L. Ed. 2d 72, 55 U.S.L.W. 4190 -
February 24, 1987 |
1987
US Supreme Court |
RODRIGUEZ v. UNITED STATES
- March 23, 1987 While released on a personal recognizance bond following her arrest
for selling cocaine, petitioner was arrested again for selling heroin. She pleaded guilty
to both charges. Although recognizing that 18 U. S. C. § 3147 (1982 ed., Supp. III)
required that petitioner, as a person who committed a felony while on release pending
judicial proceedings, had to be sentenced to at least a 2-year term of imprisonment in
addition to the sentences for the two drug offenses, the sentencing judge, relying on 18
U. S. C. § 3651, suspended execution of the § 3147 sentence and instead imposed a 2-year
probation term as more appropriate under the circumstances. The Court of Appeals reversed,
holding that § 3147 "" § 3651, leaving federal judges without authority to
suspend execution of sentences imposed under § 3147.
Held : Section 3147 does not divest sentencing judges of their § 3651 authority. |
1987
US Supreme Court |
BOURJAILY v.
UNITED STATES - SUPREME COURT OF THE UNITED STATES - No. 85-6725 -
1987.SCT.2891 , 483 U.S. 171, 107 S. Ct. 2775, 97 L. Ed. 2d 144, 55 U.S.L.W. 4962 - June
23, 1987 |
1989
US Supreme Court |
UNITED STATES v.
SOKOLOW - SUPREME COURT OF THE UNITED STATES - No. 87-1295 - 1989.SCT.1668 , 490
U.S. 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1, 57 U.S.L.W. 4401 - April 3, 1989 |
1987
US Supreme Court |
COLORADO v. BERTINE - SUPREME
COURT OF THE UNITED STATES - No. 85-889 - 1987.SCT.287 , 479 U.S. 367, 107 S. Ct. 738, 93
L. Ed. 2d 739, 55 U.S.L.W. 4105 - January 14, 1987 |
1987
US Supreme Court |
CALIFORNIA v. GREENWOOD ET AL.
- No. 86-684 - 1988.SCT.2069 , 486 U.S. 35, 108 S. Ct. 1625, 100 L. Ed. 2d 30, 56 U.S.L.W.
4409 - May 16, 1988 |
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