Weeks v. United States
- Decided
- February 24, 1914
- Docket
- 461
- Status
- Published
- Jurisdiction
- Federal
Cited 3,480 timesOverruled in part on other grounds (not yet verified)Possible negative treatment: overruled in part on other grounds, overruled on other grounds, overruled, disapproved, overruled in part (not yet verified) · United States v. William Michael Spearman
What later courts said
- holding that evidence seized in violation of the Fourth Amendment generally is inadmissible at resulting criminal trial — Patterson v. State (2007)
- explaining that if the government was allowed to introduce illegally obtained evidence, the Fourth Amendment would be of no value — State v. Whitley (2004)
- stating that the right of the Government to search the person of an accused when he is legally arrested was “always recognized under English and American law” and had been “uniformly maintained in many cases” — United States v. Reagan (2010)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Day delivered the opinion of the court.
An indictment was returned against the plaintiff in error, defendant below, and herein so designated, in the District Court of the United States for the Western District of Missouri; containing nine counts. The seventh count, upon which a conviction was had, charged, the use of the mails for the purpose of transporting certain coupons or tickets representing chances -or shares in a lottery or gift enterprise, in violation of § 213 of the Criminal Code. Sentence of fine and imprisonment was imposed. This writ of error is to review that judgment.
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. 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. They searched the defendant’s room and took possession of various papers and articles found there, which were afterwards turned over to the United States Marshal. Later in the same day police officers returned with the Marshal, wfio thought he might find additional evidence, and, being admitted by someone in the house, probably a boarder, in response to- a rap, the Marshal searched the defendant’s room and carried away. certain letters and envelopes found in the drawer of a chiffonier. Neither the marshal nor the police officers had á search warrant. [*387] The defendant filed in the cause before the time for trial the following petition:
Cite this
Weeks v. United States, 232 U.S. 383 (1914)Read the full opinion
Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.