Week Vs. United States - 812 Words

Weeks vs. United States December 11, 1911, Fremont Weeks worked for an express company in Union Station in Kansas City, Missouri. While on the job, he was arrested without a warrant by police. Weeks was arrested due to suspicions claiming he was using the mailing system to transport lottery tickets. His home was searched and seized without a warrant as well. A neighbor had told the police where a key was hidden, allowing them to enter his home illegally. While they were in Weeks’ home, they seized various articles and papers, which were later turned in to the United States marshal. Once these papers we’re documented, the police returned to Weeks’ home with the marshal, hoping to find more evidence. They found more letters and envelopes in†¦show more content†¦Weeks’ petitioned against the state police for his items back since they searched his house without a warrant. During the trial in 1914, Weeks’ filed again for petition which was denie d until the evidence against him was about to be used. He objected stating that the evidence was taken without any warrant, therefore violates his Fourth and Fifth Amendment. Because of this case, Exclusionary rule was created. Exclusionary rule states that any evidence obtained through a violation of the Fourth Amendment, cannot be used in the court of law. The evidence becomes inadmissible and cannot be used against the defendant. The fourth amendment has two separate sections. One being the search, the other being the seizure. In order to get the right to search, the officers need to go to a court and get a warrant signed by the judge. Once that judge signs the warrant, the officers can go over to the defendant’s home or work and search for the evidence they think is necessary to put them in jail. When it comes to the seizure part, the officers take said items they were searching for and mark it as evidence. This evidence is booked and can later be used in the trial agains t the defendant. Although all the evidence of this case leads to Weeks’ being guilty, he was found not guilty in a unanimous decision. The court stated that because the police refused to give back the possessions they took, they violated Weeks’ fourth amendment rights. If the police were to hold on to