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Supreme Court — Part 18
Page 119
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search the luggage was rendered involuntary by the officer’s
failure to advise the suspect of his right to refuse. Without
deciding that a "setzure™ had actually occurred when the police
confronted the suspects at the airport, the Gourt ruled that the
facts supported a reasonable suspicion to make an investigative
stop. The Court further held that the state court”s conclusion
regarding the consent was inconsistent with the holdings in
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) that an otherwise
voluntary consent is not rendered involuntary because of a
failure to advise the suspect of his right to refuse consent,
The case was remanded to the state court to determine whether
other factors affecting voluntariness of the consent had been
considered.
5. U.S. v. DeHernandez, 105 $.Ct. 3304 (7+1-85)
The Court upheld the 16-hour detention by Customs
Agents of a woman arriving in the United States from a foreign
country. The Court held that the Customs Agents had an
atticulable suspicion that she was engaged in alimentary canal
smuggling, and the lengthy detention was justified in this case
because of the nature of the criminal activity - i.e., “the
method by which she chose to smuggle 1ilicit drugs into the
country” - as well as the actions of the defendant in attempting
to evade discovery.
B. Search of Persons
1. New Jersey v. T.L.0., 105 S.Ce, 733 (1-15-85)
In T.L.0., the Court held that the Fourth Amendment
prohibition on unreasonable searches and seizures applies to the
search of students by school officials, However, the Supreme
Court concluded that the needs of school officials to maintain
discipline, preserve order and provide a proper educational
environment outweigh a student”’s privacy interests and,
therefore, justify warrantless searches by teachers or other
school officials. The Court held that in light of the above
interests, reasonable suspicion, not probable cause, is the
standard which must be met before a teacher or school official
may search a student for evidence of a violation of the law or
the rules of the school.
2. Winston v. Lee, 105 S.Ct. L6Et (3-20-85)
In Winston, the Court ruled invalid a court order
compelling bullet removal surgery because the state failed to
establish a compelling need for the evidence. The Court held
that compelled surgical intrusions might be unreasonable, even
where the surgery is minor in nature and probable cause exists,
if the identifiable government needs in acquiring the evidence
are outweighed by the risks to the individual and the degree of
the intrusion.
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