New York Immigration Lawyers



Authors ›› Rehnquist


Pages:1› ‹2› ‹3› ‹4› ‹5

()
Opinion by: REHNQUIST
With drug dealers "increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants," Congress passed the Anti-Drug Abuse Act of 1988.

[...]

()
Opinion by: REHNQUIST
It is not "absurd" that a local housing authority may sometimes evict a tenant who had no knowledge of the drug-related activity. Such "no-fault" eviction is a common "incident of tenant responsibility under normal landlord-tenant law and practice." 56 Fed. Reg., at 51567. Strict liability maximizes deterrence and eases enforcement difficulties.

[...]

()
Opinion by: REHNQUIST
And, of course, there is an obvious reason why Congress would have permitted local public housing authorities to conduct no-fault evictions: Regardless of knowledge, a tenant who "cannot control drug crime, or other criminal activities by a household member which threaten health or safety of other residents, is a threat to other residents and the project." 56 Fed. Reg., at 51567. With drugs leading to "murders, muggings, and other forms of violence against tenants," and to the "deterioration of the physical environment that requires substantial governmental expenditures," 42 U.S.C. § 11901(4) (1994 ed., Supp. V), it was reasonable for Congress to permit no-fault evictions in order to "provide public and other federally assisted low-income housing that is decent, safe, and free from illegal drugs," § 11901(1) (1994 ed.).

[...]

United States v. Arvizu (2002)
Opinion by: REHNQUIST
When discussing how reviewing courts should make reasonable-suspicion determinations, we have said repeatedly that they must look at the "totality of the circumstances" of each case to see whether the detaining officer has a "particularized and objective basis" for suspecting legal wrongdoing. [...] A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct.

[...]

Maryland v. Pringle (2003)
Opinion by: REHNQUIST
The quantity of drugs and cash in the car indicated the likelihood of drug dealing, an enterprise to which a dealer would be unlikely to admit an innocent person with the potential to furnish evidence against him.

[...]

Pages:1› ‹2› ‹3› ‹4› ‹5



 
Drug Info - list of authority sites on various drugs. StopTheDrugWar.org Media Awareness Project Drug War Facts - just what the website name says. Very informative. Funny Pics


© 2007 Yakov Spektor
Privacy Policy