Justice Souter Signs Off: Strip Searches, Monuments, and  Confessions

Presenter: Professor Leora Harpaz

 

Supreme Court Review Conference: Important Decisions of the 2008-2009 Term
Sponsored by the Western New England College School of Law
Institute for Legislative and Governmental Affairs
October 3, 2009

 

List of Principal Cases

 

1. Corley v. United States, 129 S. Ct. 1558 (April 6, 2009) (5-4)(interpreting 18 U.S.C. § 3501 as only limiting rather than discarding the McNabb-Mallory presentment rule under which an arrested person's confession, even if voluntary, is inadmissible in federal court if given after an unreasonable delay in bringing the accused before a judge).

2. Pleasant Grove City v. Summum, 129 Sup. Ct. 1125 (February 25, 2009) (9-0) (rejecting First Amendment claim by religious organization that the city was obligated to place its monument depicting the Seven Aphorisms of Summum in the same city park where a Ten Commandments monument was located because the Ten Commandments monument, even though donated by a private organization, was government speech and not subject to the restrictions of the public forum doctrine).

3. Safford Unified School District # 1 v. Redding, 129 S. Ct. 2633 (June 25, 2009) (8-1/7-2) (holding strip search of middle school student violated the Fourth Amendment  reasonable suspicion standard, although also finding that school officials who conducted the search were entitled to qualified immunity from liability).