The state of Texas grants driving permits to 14 year olds who are currently enrolled in a driver’s education course. This permit grants them unlimited.

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Presentation transcript:

The state of Texas grants driving permits to 14 year olds who are currently enrolled in a driver’s education course. This permit grants them unlimited driving privileges as long as a licensed driver over the age of 21 accompanies them. Texas also has a law allowing for alcohol consumption within a moving vehicle, as long as it is not being consumed by the driver. Billy Bob Thorton, age 14, and his father Jimmy Ray travel across the state line to Oklahoma where they are pulled over by state troopers. It seems Billy Bob was weaving back and forth across the center line while driving down the interstate. Due to this suspicious driving behavior, police search the passenger compartment of the vehicle and find an open, half empty fifth of Wild Turkey. Breathalyzer tests prove that while Jimmy Ray was “three sheets to the wind” (.20), Billy Bob had not had a drink. Oklahoma law forbids open containers of alcohol in the passenger compartment, and does not grant driving permits till age 15. So, Jimmy Ray is ticketed for illegal transportation of alcohol, and Billy Bob for underage and reckless driving. The Thorton’s challenge the tickets and claim that the search of the vehicle was illegal so the evidence of alcohol cannot be used. If you were the judge, how would you decide the case? The four charges are: Under-aged driving Illegal transportation of alcohol Reckless driving Illegal Search

States may, with the consent of Congress, enter into interstate compacts—agreements among themselves and/or with foreign states to address common problems. More than 200 compacts are now in force, and range in a variety of uses from sharing law- enforcement data to resource development and conservation.

Full Faith and Credit Clause - The Constitution ensures that States recognize the documents, and court proceedings of the other States. There are two exceptions to the clause though: (1) One State cannot enforce another State’s criminal laws. (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State.

Extradition - The legal process by which a fugitive from justice in one State is returned to that State. The Governor of a state is responsible for carrying out the extradition order. If they fail to do so, federal courts will intervene.

Privileges and Immunities Clause - No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-State residents higher tuition for State universities than in-State residents.

Tom Smith is a resident of the state of Illinois. While visiting friends in Indiana, he participates in the armed robbery of a Bigfoot convenience mart by driving the getaway car. A warrant is issued but the Indiana police do not apprehend him. One week later, Ohio state trooper force their way into Tom’s hotel room, find several bags of marijuana and arrest him on narcotics charges. The officers did not have a warrant for the search, so it was illegal. All evidence obtained in the search is illegal and cannot be used in court. While processing his arrest, however, the Ohio troopers are informed of the Indiana warrant against Tom, and decide to extradite him back to Indiana. Mr. Smith files suit to stop the extradition on the grounds that his arrest in Ohio was a violation of his 4 th amendment rights. If you were a judge, how would you decide the case?