Weeks v. United States
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Background
From Wikipedia, the free encyclopedia
1914 US Supreme Court ruling declaring warrantless seizure unconstitutional
1914 United States Supreme Court case
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution . It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. It was not until the case of _Mapp v. Ohio _, 367 U.S. 643 (1961), that the exclusionary rule was deemed to apply to state courts as well.
Background
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On December 21, 1911, Fremont Weeks, the plaintiff in error and defendant, was arrested by a police officer at the Union Station in Kansas City, Missouri , where an express company employed him. Weeks was convicted of using the mails for the purpose of transporting lottery tickets, in violation of the Criminal Code. At the time of his arrest, police officers went to Weeks' house to search it. A neighbor told them where to find the key. Officers entered the house of the defendant without a search warrant and took possession of papers and articles, which were turned over to the US marshals . The officers returned later on the same day with the marshal, still without a warrant, and seized letters and envelopes that they found in the drawer of a chiffonier.
Weeks' papers were used to convict Weeks of transporting lottery tickets through the mail, Weeks petitioned against the police for the return of his private possessions.
Decision
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The Supreme Court unanimously decided that since there was no warrant, the search was illegal. Therefore, the papers found should have been excluded because of the Fourth Amendment.
References
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- ↑ The Fourth Amendment states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
- ↑ "232 US 383 Fremont Weeks v. United States | OpenJurist" . Open Jurist. Retrieved August 30, 2017.
External links
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- Works related to Weeks v. United States at Wikisource
- Text of Weeks v. United States, 232 U.S. 383 (1914) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)
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United States Fourth Amendment case law
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Scope of the Fourth Amendment
Definition of search
- _Boyd v. United States _ (1886)
- _United States v. Lee _ (1927)
- _Olmstead v. United States _ (1928)
- _Abel v. United States _ (1960)
- _Silverman v. United States _ (1961)
- _Katz v. United States _ (1967)
- _United States v. Knotts _ (1983)
- _United States v. Place _ (1983)
- _United States v. Karo _ (1984)
- _California v. Greenwood _ (1988)
- _Skinner v. Railway Labor Executives Ass'n _ (1989)
- _United States v. Verdugo-Urquidez _ (1990)
- _Bond v. United States _ (2000)
- _Kyllo v. United States _ (2001)
- _Illinois v. Caballes _ (2005)
- _United States v. Jones _ (2012)
- _Florida v. Jardines _ (2013)
- _Klayman v. Obama _ (D.D.C. 2013)
- _American Civil Liberties Union v. Clapper _ (D.D.C. 2013)
Definition of seizure
- _Counselman v. Hitchcock _ (1892)
- _Hale v. Henkel _ (1906)
- _Terry v. Ohio _ (1968)
- _United States v. Mendenhall _ (1980)
- _Florida v. Royer _ (1983)
- _INS v. Delgado _ (1984)
- _California v. Hodari D. _ (1991)
- _Florida v. Bostick _ (1991)
- _Soldal v. Cook County _ (1992)
- _United States v. Drayton _ (2002)
- _Brendlin v. California _ (2007)
- _Torres v. Madrid _ (2021)
Third-party entry
- _Wilson v. Layne _ (1999)
Fourth Amendment standing
- _Rakas v. Illinois _ (1978)
- _Byrd v. United States _ (2018)
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Warrant requirement
- _Johnson v. United States _ (1948)
- _Franks v. Delaware _ (1978)
- _Ybarra v. Illinois _ (1979)
- _Maryland v. Garrison _ (1987)
- _United States v. Grubbs _ (2006)
- _Los Angeles County v. Rettelle _ (2006)
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Exceptions to warrant requirement
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Seizures
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Remedies
Civil suit
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Incorporation against States
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