Weeks vs us. Weeks v. United States: The Case and Its Impact 2022-10-08
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Weeks v. United States
Evidence obtained by state officers during a search which, if conducted by federal officers, would have violated the defendant's immunity from unreasonable searches and seizures under the Fourth Amendment is inadmissible over the defendant's timely objection in a federal criminal trial, even when there was no participation by federal officers in the search and seizure. PENNSYLVANIA Pre- Weeks: no holding. The case of Kyllo v. To declare that, in the administration of the criminal law, the end justifies the means -- to declare that the government may commit crimes in order to secure the conviction of a private criminal -- would bring terrible retribution. Our way of upholding the Constitution is not to strike at the man who breaks it, but to let off somebody else who broke something else. New Jersey, 211 U.
Weeks v. United States :: 232 U.S. 383 (1914) :: Justia US Supreme Court Center
Post- Wolf: Breithaupt v. Evidence which had been seized by federal officers in violation of the Fourth Amendment could not be used in a federal criminal prosecution. United States, Amos v. This principle is jealously insisted upon. A later decision Mapp v.
Pre- Wolf: Meisinger v. You crave the sanctity of home and a respite from the hectic interactions, conflicts and accusations of the world outside. . The author concludes upon a survey of Commonwealth decisions "that there is no uniform rule on the admissibility of evidence procured through illegal searches and seizures. Pre- Wolf: State v. The Impact Prior to Weeks v. While a search ordinarily implies a quest by an officer of the law, and a seizure contemplates a forcible dispossession of the owner, still, as was held in the Boyd Case, the substance of the offense is the compulsory production of private papers, whether under a search warrant or a subpoena duces tecum, against which the person, be he individual or corporation, is entitled to protection.
But when a rule of law has the history and the intrinsic authority of the rule overturned today, when it has been for so long a part of the administration of justice in the federal courts, a change, when not constitutionally compelled as the present change concededly is not, must justify itself either by the demands of new experience undermining the justification of the established rule or by new insight into the undesirable consequences of the old rule. Although the great majority in our profession have long since adopted that policy, we cannot yet be entirely proud of our record. See Appendix, 364 U. The test is one of federal law, neither enlarged by what one state court may have countenanced nor diminished by what another may have colorably suppressed. This protection is equally extended to the action of the Government and officers of the law acting under it. This application was denied, the letters retained and put in evidence, after a further application at the beginning of the trial, both applications asserting the rights of the accused under the Fourth and Fifth Amendments to the Constitution.
Elkins v. United States :: 364 U.S. 206 (1960) :: Justia US Supreme Court Center
Pre- Wolf: State ex rel. I would not embark upon a hazardous jettisoning of a rule which has prevailed in the federal courts for half a century without bringing to the surface demonstrated evils, indeed without its having evoked serious criticism of weight, barring recent discussion largely of an abstract and doctrinaire nature. The defendant was arrested by a police officer, so far as the record shows, without warrant, at the Union Station in Kansas City, Missouri, where he was employed by an express company. It tended to prove that the order to fill which the shipment was made was obtained by offering the article for sale in the distinctive name of another article, and therefore that the article was misbranded within the meaning of the statute. The Solicitor General and Mr. As to the papers and property seized by the policemen, it does not appear that they acted under any claim of Federal authority such as would make the Amendment applicable to such unauthorized seizures.
United States, 62 F. Code, 1939, § 34. Aime, 62 Utah 476, 220 P. United States 232 U. Incidents which give justification to charges of civil rights violations by law enforcement officers still occur. United States, 214 F. United States, 132 F.
Weeks v. United States, 232 U.S. 383, 34 S. Ct. 341, 58 L. Ed. 652, 1914 U.S. LEXIS 1368
These rights are basic in the law, and our obligation to uphold it leaves no room for any other course of action. The very essence of a healthy federalism depends upon the avoidance of needless conflict between state and federal courts. Before and at trial, Weeks demanded that his property be given back to him and argued that the police search and seizure was a violation of his Fourth and Fifth Amendment rights under the Constitution such that the evidence could not be used at trial. United States, That such a rule would engender practical difficulties in an era of expanding federal criminal jurisdiction could not, perhaps, have been foreseen. Post- Wolf: City of Chicago v.
Weeks was guilty of sending lottery tickets through the U. We therefore reach the conclusion that the letters in question were taken from the house of the accused by an official of the United States acting under color of his office in direct violation of the constitutional rights of the defendant; that having made a seasonable application for their return, which was heard and passed upon by the court, there was involved in the order refusing the application a denial of the constitutional rights of the accused, and that the court should have restored these letters to the accused. Other police officers had gone to the house of the defendant, and being told by a neighbor where the key was kept, found it and entered the house. Post- Wolf: People v. United States, United States v. It must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.
District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. Only if the Federal Government "had a hand" in the search could the Fourth Amendment or federal statutory restrictions, and thus the Weeks exclusionary rule, apply. Brown, then Attorney General of the State of California, to the Stanford Law Review, quoted in Note, 9 Stan. What, then, is the present case? Brimson, Interstate Commerce Commission v. It tended to prove that the order, to fill which the shipment was made, was obtained by offering the article for sale in the distinctive name of another article, and therefore that the article was misbranded within the meaning of the statute. The defendant filed in the cause before the time for trial the following petition: "Petition to Return Private Papers, Books, and Other Property. If the officers raid a home, an office, or stop and search an automobile but find nothing incriminating, this invasion of the personal liberty of the innocent too often finds no practical redress.
