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Legal References on Drug
Policy
DEA Affadavits on the
legal status of hemp seed - 1991
Federal Court Decisions on Drugs by Decade
1990
| Year |
Title and Summary |
1990
US Supreme Court |
WASHINGTON, ET AL., PETITIONERS v. WALTER
HARPER - No. 88-599 - 1990.SCT.1174 , 494 U.S. 210, 110 S. Ct. 1028, 108 L. Ed. 2d
178, 58 U.S.L.W. 4249 - February 27, 1990 |
1990
US Supreme Court |
ILLINOIS v. RODRIGUEZ - June 21,
1990 Respondent was arrested in his apartment and charged with possession of illegal
drugs, which the police had observed in plain view and seized. The officers did not have
an arrest or search warrant, but gained entry to the apartment with the assistance of Gail
Fischer, who represented that the apartment was "ours" and that she had clothes
and furniture there, unlocked the door with her key, and gave the officers permission to
enter. The trial court granted respondent's motion to suppress the seized evidence,
holding that at the time she consented to the entry Fischer did not have common authority
because she had moved out of the apartment. The court also rejected the State's contention
that, even if Fischer did not have common authority, there was no Fourth Amendment
violation if the police reasonably believed at the time of their entry that she possessed
the authority to consent. The Appellate Court of Illinois affirmed.
Held:
1. The record demonstrates that the State has not satisfied its burden of proving that
Fischer had "joint access or control for most purposes" over respondent's
apartment, as is required under United States v. Matlock, 415 U.S. 164, 171, n. 7, to
establish "common authority." Pp. 181-182. |
1991
US Supreme Court |
CALIFORNIA v. HODARI D. - No. 89-1632 -
1991.SCT.2395 , 499 U.S. 621, 111 S. Ct. 1547, 113 L. Ed. 2d 690, 59 U.S.L.W. 4335 - April
23, 1991 |
1991
US Supreme Court |
FLORIDA, PETITIONER v. LUZ PIEDAD JIMENO ET
AL. - SUPREME COURT OF THE UNITED STATES - No. 90-622 - 1991.SCT.2905 , 500 U.S.
248, 111 S. Ct. 1801, 114 L. Ed. 2d 297, 59 U.S.L.W. 4471 - May 23, 1991 |
1991
US Supreme Court |
CARLOS EDUARDO FERNANDEZ, PETITIONER v.
UNITED STATES - No. 90-7210 - 1991.SCT.3002 , 500 U.S. 948, 111 S. Ct. 2249, 114 L. Ed. 2d
490, 59 U.S.L.W. 3793 - May 28, 1991 |
1991
US Supreme Court |
RICHARD L. CHAPMAN, JOHN
M. SCHOENECKER AND PATRICK BRUMM, PETITIONERS v. UNITED STATES - SUPREME COURT OF THE
UNITED STATES - No. 90-5744 - 1991.SCT.3013 , 500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. 2d
524, 59 U.S.L.W. 4530 - May 30, 1991 |
1991
US Supreme Court |
CALIFORNIA, PETITIONER v. CHARLES STEVEN
ACEVEDO - SUPREME COURT OF THE UNITED STATES - No. 89-1690 - 1991.SCT.3016 , 500 U.S.
565, 111 S. Ct. 1982, 114 L. Ed. 2d 619, 59 U.S.L.W. 4559 - May 30, 1991 |
1991
US Supreme Court |
ARIZONA, PETITIONER v. CHRISTOPHER REED
KEMPTON - No. 90-1379 - 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 |
1991
US Supreme Court |
FLORIDA, PETITIONER v. TERRANCE BOSTICK
- SUPREME COURT OF THE UNITED STATES - No. 89-1717 - 1991.SCT.3475 , 501 U.S. 429, 111 S.
Ct. 2382, 115 L. Ed. 2d 389, 59 U.S.L.W. 4708 -June 20, 1991 |
1991
US Supreme Court |
RONALD ALLEN HARMELIN, PETITIONER
v. MICHIGAN - No. 89-7272 - 1991.SCT.3666 , 501 U.S. 957, 111 S. Ct. 2680, 115 L. Ed.
2d 836, 59 U.S.L.W. 4839 - June 27, 1991 |
1992
US Supreme Court |
JAMES ARMIN FOWNER,
PETITIONER V. UNITED STATES - No. 91-7169 - 1992.SCT.2959 , 112 S. Ct. 1998, 118 L.
Ed. 2d 594, 60 U.S.L.W. 3778 - May 18, 1992 |
1992
US Supreme Court |
MARC GILBERT DOGGETT,
PETITIONER v. UNITED STATES - No. 90-857 - 1992.SCT.3745 , 112 S. Ct. 2686, 120 L. Ed.
2d 520, 60 U.S.L.W. 4741 - June 24, 1992 |
|
1992
Superior Court - Alaska
|
STATE OF
ALASKA, Plaintiff, v. PATRICK A. MC NEIL, Defendant.
|
1993
US Supreme Court |
UNITED STATES, PETITIONER v. SHARON DUNNIGAN
- No. 91-1300 - 1993.SCT.1342 , 113 S. Ct. 1111, 122 L. Ed. 2d 445, 61 U.S.L.W. 4180 -
February 23, 1993 |
1993
US Supreme Court |
JOHN ANGUS SMITH, PETITIONER v. UNITED
STATES - No. 91-8674 - 1993.SCT.3276 , 113 S. Ct. 2050, 124 L. Ed. 2d 138, 61 U.S.L.W.
4503 - June 1, 1993 |
1993
US Supreme Court |
MINNESOTA, PETITIONER v. TIMOTHY DICKERSON
- No. 91-2019 - 1993.SCT.3408 , 113 S. Ct. 2130, 124 L. Ed. 2d 334, 61 U.S.L.W. 4544 -
June 7, 1993 |
1993
US Supreme Court |
RICHARD LYLE AUSTIN, PETITIONER v.
UNITED STATES - SUPREME COURT OF THE UNITED STATES No. 92-6073 0 1993.SCT.3942 ,
113 S. Ct. 2801, 125 L. Ed. 2d 488, 61 U.S.L.W. 4811 - June 28, 1993 |
1993
US Supreme Court |
BENNIS v. MICHIGAN - SUPREME
COURT OF THE UNITED STATES - Decided March 4, 1996 |
1993
US Supreme Court |
UNITED STATES, PETITIONER v. ALVIN J.
DIXON AND MICHAEL FOSTER - SUPREME COURT OF THE UNITED STATES - No. 91-1231 -
1993.SCT.3944 , 113 S. Ct. 2849, 125 L. Ed. 2d 556, 61 U.S.L.W. 4835 - June 28, 1993
|
1994
US Supreme Court |
KEVIN ALBRIGHT, PETITIONER v.
ROGER OLIVER, ETC., ET AL. - SUPREME COURT OF THE UNITED STATES - No. 92-833 -
1994.SCT.680 , 114 S. Ct. 807, 127 L. Ed. 2d 114, 62 U.S.L.W. 4078 = January 24, 1994 |
1994
US Supreme Court |
UNITED STATES, PETITIONER v. RALPH STUART
GRANDERSON, JR. - No. 92-1662 - 1994.SCT.2019 , 114 S. Ct. 1259, 127 L. Ed. 2d 611, 62
U.S.L.W. 4190 - March 22, 1994 |
1994
US Supreme Court |
FREDEL WILLIAMSON, PETITIONER v. UNITED
STATES - No. 93-5256 - 1994.SCT.4198 , 114 S. Ct. 2431, 129 L. Ed. 2d 476, 62 U.S.L.W.
4639 - June 27, 1994 |
1995
US Supreme Court |
BAILEY v. UNITED STATES - SUPREME COURT OF
THE UNITED STATES - No. 94-7448. Argued October 30, 1995 |
1996
US Supreme Court |
ANTHONY LEO STUTSON
v. UNITED STATES - SUPREME COURT OF THE UNITED STATES - No. 94-8988. -
January 8, 1996 |
1996
US Court of Appeals
Fourth Circuit |
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v. EMMANUEL ODEMENA, Defendant-Appellant. - UNITED STATES COURT OF APPEALS FOR THE FOURTH
CIRCUIT
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EMMANUEL IKECHUKWU ANUDU, a/k/a Cletis,
a/k/a Claytus, Defendant-Appellant.
No. 92-5756 - February 16, 1996 |
1996
US Supreme Court |
RUTLEDGE v. UNITED STATES -
SUPREME COURT OF THE UNITED STATES - Syllabus - Certiorari to the United States Court of
Appeals for the Seventh Circuit.- No. 94-8769. March 27, 1996 |
1996
US Court of Appeals
Fourth Circuit |
UNITED STATES v. ARMSTRONG
et al. Certiorari to the United States Court of Appeals for the Ninth Circuit. No. 95-157.
Decided May 13, 1996 |
1998
US Court of Appeals
Fourth Circuit |
Lynn V. West - No. 96-1371 - UNITED
STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT The main question in this case is whether
a North Carolina tax on illegal drugs is in reality a criminal penalty. North Carolina's
Controlled Substance Tax (Drug Tax), N.C. Gen. Stat.§§ 105-113.105 through 105-113.113,
imposes a special excise tax on"dealers" who illegally possess a sufficient
quantity of a "controlled substance," as that term is defined in the state
criminal code. The statute requires drug dealers to submit a form reporting their illegal
possession and to pay the tax. In return, dealers are supposed to receive stamps to affix
to the drugs before they are resold. Payment of the Drug Tax does not make possession or
resale legal, however. It should come as no surprise that no drug dealer has ever filed a
form and voluntarily paid this tax.
. . . We further hold that the Drug Tax, like any other criminal penalty, cannot
be enforced without the constitutional safeguards that accompany criminal proceedings. We
therefore affirm the district court in part and reverse in part. |
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