Question
Mikai Williams, a 7th grade student at Peace Middle School, was suspended for 10 days for a fight with another student. The disciplinary procedure at
Mikai Williams, a 7th grade student at Peace Middle School, was suspended for 10 days for a fight with another student. The disciplinary procedure at the school was to permit immediate suspension at the principal's discretion, followed by a mailed statement of the reasons for the suspension to the student's parents or guardian. After the suspension is served, but before the student is rejoined with his classmates, the parents or guardian of the student are granted an opportunity to participate in a conference that includes the principal or assistant principal, the student and his parents or guardian. Is the disciplinary procedure is unconstitutional under the Due Process Clause because Mikai and his family were not given a trial on the matter?
Assume that federal law prohibits anyone convicted of a domestic violence misdemeanor from possessing a firearm. Doc Holliday pled guilty ten years ago to misdemeanor assault against a girlfriend and is unable to purchase a handgun to use for self defense in his home. If Holliday challenged the constitutionality of the ban relying on the Heller case, is the court likely to reject his claim because domestic violence misdemeanants are a class of individuals whose Second Amendment rights might be limited?
Nucinda has noticed that her neighbor, Rob, is constantly carrying gardening tools and supplies, such as soil and fertilizer, into the shed located inside a fence in his back yard adjacent to Lucinda's property line. After disappearing inside the shed for a period of time, Rob emerges. Curious as to why Rob would be growing plants inside a shed, Nucinda asks him what he's growing. "Can't say" Rob replied, winking. "It might get me into trouble". Upset, Nucinda called the police to tell them she believed her neighbor was growing marijuana inside the shed in his backyard. Officer Peery responded to the call. Upon arrival, while standing in Nucinda's yard, Officer Peery used a long stick to open a window to the shed, looked inside and saw some marijuana plants. After Rob is charged with unlawfully growing marijuana, he challenges Officer Peery's warrantless search. Is he likely to lose because Officer Peery was standing in Nucinda's yard when he saw the marijuana plants?
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