In a 7-2 decision, the Supreme Court ruled that the law amounted to an unconstitutional infringement of the First Amendment. The decision was based on the three-prong Lemon test, which says the government's action must have a legitimate secular purpose; must not have the primary effect of ...
If any clause, sentence, paragraph, section, subdivision, or other part of this local law or its application shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the local law ...
20, 1986, for the traffic offenses on the Eisenhower Expressway near Hillside. When the trooper searched the car, the phony report said, more than 10 grams of marijuana was discovered. In a meeting with Cooley in the Maywood branch of Circuit Court on Oct. 6, 1988, Stillo, who had been...
Critics argue that innocent owners can become entangled in the process to the extent that their 4th Amendment and 5th Amendment rights are violated, in situations where they are presumed guilty instead of being presumed innocent. It has been described as unconstitutional by a judge in South Carolin...