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Posted: August 24th, 2022
Law Weeks v. United States 232 U.S. 383 (1914)
Case: Weeks v. United States 232 U.S. 383 (1914)
Law
Subject:
Weeks v. United States 232 U.S. 383 (1914)
Information of the Case:
Performing on their very own accord cops arrested Fremont Weeks, on the Union Station in Kansas Metropolis, Missouri the place was an worker of the specific firm. Different cops went into Week’s home and following a tip of from the neighbor on the place he places his keys, opened Week’s home searched his rooms, took sure papers and possessions in addition to articles they discovered and turned the proof in to the US Marshall. The identical day the Marshall, considering he may discover extra proof, went into Week’s home and was admitted into the home by somebody who was in took sure letters and envelopes her discovered. All of those had been completed with no search warrant. The seized paperwork had been later used to convict Weeks of transportation of lottery tickets by mail which was unlawful. Weeks took motion in opposition to police and demanded they return his private possessions.
Holding:
(J. William Day) The fourth modification prohibits in opposition to illegal searches and seizures, and this utilized to Weeks, as such the proof seized was to be excluded from his prosecution. It was held that seizure of the objects from Weeks’ residence violated his specific constitutional rights, the refusal to additional return his objects was in violation of the forth modification rights. The officers didn’t observe the due course of in making an attempt to acquire the proof as such the exclusionary rule was utilized.
Concurring Opinion:
On this case, each Justice joined the bulk opinion upfront and with no reservation. There are not any concurring opinions.
Dissenting Opinion:
No justice withheld their vote they usually joined in full with none reservation the bulk opinion. There was no dissenting opinion
What’s the Courtroom making an attempt to guard:
Wether the search and seizure of Week’s dwelling violated the fourth modification rights. This was the primary time the exclusionary rule was utilized, and it sought to ascertain a priority of due course of in arresting and prosecution of any defendant compelling the police to observe the procedures of arrest to the latter.
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