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But Justice Sudolnik upheld the use of the biological evidence.
Last June, the Justices upheld the use of the drug by 5 4.
The next day, after hearing the army's case, the court upheld the use of helicopters.
The Connecticut Supreme Court upheld the use of eminent domain in a ruling last year.
Crucially, California's Supreme Court upheld the use of nuisance laws as a tool to prevent public health injuries.
Since the lower court upheld the use of total population, if the court deadlocks it will remain in place.
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There may also be five votes to uphold the use of total population.
Applying this novel analysis to the present case, the Court upholds the use of a presumption that it makes no effort to defend in isolation.
A group of defense lawyers said that upholding the use of wiretaps in this case would "eviscerate the integrity of the criminal justice system".
Judge Posner also cited a 1983 Supreme Court ruling upholding the use of a hidden radio transmitter that helped police trail a suspect.
A decade after upholding the use of roadblocks to catch drunken drivers, the Supreme Court today agreed to decide whether adding a drug-sniffing dog to the checkpoint renders the practice unconstitutional.
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upheld the majority of
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CEO of Professional Science Editing for Scientists @ prosciediting.com