As of April 30, the U.S. Supreme Court had already issued 36 decisions with opinions during the October 1996 - July 1997 term, five of which are relevant to marijuana policy.
11/18/96 -- Ohio v. Robinette, Docket No. 95-891
The court ruled 7-2 that law-enforcement officers are not required to advise a suspect that he or she is "free to go" before seeking the suspect's consent to a search. This ruling overturned an Ohio Supreme Court decision that a suspect's consent is not really voluntary if the suspect thinks that he or she must consent because the officer did not explain otherwise. [Even though the police are not required to explain that a suspect is "free to go," people still maintain the right to refuse to consent to a search. Involuntary searches may only be conducted if the officer has probable cause and/or a search warrant.]
2/19/97 -- Maryland v. Wilson, Docket No. 95-1268
The court ruled 7-2 that a law-enforcement officer making a traffic stop may order passengers to get out of the car -- for any reason -- and any evidence discovered in the process is admissible in court. In this case, the passenger had been concealing illicit substances, which were exposed as he exited the car.
3/3/97 -- United States v. Gonzales et al., Docket No. 95-1605
The court ruled 7-2 that a federal judge, when sentencing someone convicted of using a gun in conjunction with a state drug crime, must impose the sentences to run consecutively -- not concurrently -- to the state drug sentence. This means that numerous prisoners will have to serve about five years longer than they otherwise would have.
4/15/97 -- Chandler et al. v. Miller, Governor of Georgia, et al., Docket No. 96-126
The court ruled 8-1 that the government may not require candidates for public office to pass a drug test. The court relied on precedent rulings that drug tests are "searches" subject to Fourth Amendment restrictions. The government may only require drug tests when based on "individualized suspicion of wrongdoing" or when there are "special needs" whereby the public interests that are advanced outweigh the competing right to privacy (e.g., testing railway employees).
In this case, the court ruled that Georgia's requirement that all candidates for state office pass a drug test is not a constitutionally permissible suspicionless search justified by substantial "special needs." This is an extremely important case, because other states and the federal government would likely have implemented similar policies if the court had ruled in Georgia's favor.
4/28/97 -- Richards v. Wisconsin, Docket No. 96-5955
The court ruled unanimously that the government may not create a blanket exception to the rule that police must knock and announce their presence before entering a residence. Exceptions may be made on a case-by-case basis, but the court overturned a Wisconsin Supreme Court ruling that police officers are never required to knock and announce when executing a search warrant in a felony drug investigation.
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