Texas may not criminalize by statute or practice conduct that is Constitutionally protected. — Coates v. Cincinnati, 402 U.S. 611, 616 (1971) 21. Papachristou v. City of Jacksonville, 405 U.S. 156 (1972) “a statute which serves as “merely the cloak” for arrests which would not otherwise be lawful is a pernicious affront to the Fourth Amendment and cannot be upheld” “Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them.” Miranda v. Ariz., 384 U.S. 436 at 491 (1966).
Posted on: Sat, 30 Aug 2014 11:12:36 +0000
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