Trisha Shetty (Editor)

Weeks v. United States

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Date decided
  
1914

Majority
  
Day, joined by unanimous

Weeks v. United States httpsapioyezorgsitesdefaultfilesimagespe

Full case name
  
Fremont Weeks v. United States

Prior history
  
Defendant convicted, W.D. Mo. Error to the District Court of the United States for the Western District of Missouri

Citations
  
232 U.S. 383 () 34 S. Ct. 341; 58 L. Ed. 652; 1954 U.S. LEXIS 1368

Similar
  
Mapp v Ohio, Katz v United States, Wolf v Colorado, United States v Leon, Chimel v California

Weeks v united states


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. 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.

Contents

Facts of the case

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, this was 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 afterwards turned over to the U.S. Marshals. The officers returned later on the same day with the marshal, still without a warrant, and seized letters and envelopes they found in the drawer of a chiffonier. These 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.

References

Weeks v. United States Wikipedia