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| Johnson v. United States, No. 329,
SUPREME COURT OF THE UNITED STATES, February 2, 1948, Decided
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Overview: Police received information from a confidential informer that unknown persons were smoking opium in a hotel. The police went to the hotel with federal narcotics agents, and they all recognized the strong odor of burning opium, which led them to defendant's room. The officers knocked on the door, talked to defendant, and asked her about the opium smell, which defendant denied noticing. The officers arrested her and searched the room, turning up incriminating opium and smoking apparatus. The evidence was admitted at trial over defendant's objection, she was convicted, and her conviction was affirmed on direct appeal. On defendant's petition for certiorari review, the United States Supreme Court reversed the convictions for violating I.R.C. § 2553(a) and the Narcotic Drugs Import and Export Act, 21 U.S.C.S. § 174. The Court held that the warrantless arrest and search violated the Fourth Amendment, even though officers may have had probable cause to obtain a search warrant. The Court found no exigent circumstances. Nor was the inconvenience and slight delay in preparing papers and presenting the evidence to a magistrate a sufficient basis to justify bypassing the warrant requirement.
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| Shelley v. Kraemer, No. 72,
SUPREME COURT OF THE UNITED STATES, May 3, 1948, Decided
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Overview: The cases involved suits in state courts to enforce restrictive covenants in deeds of residential property whereby the owners agreed that the property should not be used or occupied by any person except a Caucasian. The court reversed the state courts' decisions upholding the covenants because, in granting judicial enforcement of the covenants, the states denied petitioners the equal protection of the laws. Although there was no state statute regulating the matter, there was nonetheless state action within the meaning of U.S. Const. amend. XIV. The action of the state courts in imposing penalties or depriving parties of substantive rights without providing adequate notice and an opportunity to defend themselves was a denial of due process of law guaranteed by U.S. Const. amend. XIV. The court concluded that because of petitioners' race or color, they were denied rights of ownership or occupancy enjoyed as a matter of course by other citizens of different race or color.
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