ap gov supreme court cases. 50 terms. [2], The Fourth Amendment states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Made applicable to the states in Mapp.

Yes. The trial court allowed some of Weeks’ property to be returned to him, but denied Weeks’ request as to the evidence that supported his conviction. Western District of Missouri reversed and remanded. Following is the case brief for Weeks v. United States, 232 U.S. 383 (1914). Weeks was convicted of using the mails for the purpose of transporting lottery tickets, in violation of the Criminal Code.

At the time of his arrest, police officers went to Weeks' house to search it. OTHER SETS BY … overturned the conviction of Weeks which was based on evidence seized without a search warrant. 64 terms.

v. Barnette, overturned Gobitis ruling - upheld 1st Amendment freedom of religion, Japanese internment question; SCOTUS did not rule on constitutionality - only ruled that Endo was not a threat and had to be released, court upheld internment camps for Japanese. In this case mail deliveries were affected, Northern Securities was a monopoly and should be dissolved. 1st time Exclusionary rule used. It was not until the case of Mapp v. Ohio, 367 U.S. 643, that the exclusionary rule was deemed to apply to state courts Acquitting a guilty person would be preferable to violating the exclusion rule and thus the Constitution. Upheld Sherman Anti-trust Act, SCOTUS upheld 14 the Amendment for Lochner saying he could make a contract with his workers to work more than 60 hours in a week, upheld laws that restricted women from working more than 10 hours per day because of maternal differences, overturned the conviction of Weeks which was based on evidence seized without a search warrant.

Prohibited …

Weeks v. United States, 232 U.S. 383, 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.

Mo. Weeks v. United States is the first case that introduced the concept of what we now call the “ exclusionary rule .” While the Court’s opinion does not expressly state it, the opinion implies that the evidence seized in violation of the Fourth Amendment should … The Fourth Amendment protects people from having their homes searched and items seized without a warrant. Police officers arrested Weeks without a warrant at Weeks’ place of work. Police officers then went to Weeks’ home, gained entry, and took possession of papers and other articles belonging to Weeks. Weeks sought return of his property and argued that the search and seizure of his property violated the Fourth and Fifth Amendments to the.

Weeks v. United States is the first case that introduced the concept of what we now call the “exclusionary rule.”  While the Court’s opinion does not expressly state it, the opinion implies that the evidence seized in violation of the Fourth Amendment should not have been used against the accused in this case. Title U.S. Reports: Weeks v. United States, 232 U.S. 383 (1914).

The Fourth Amendment supports the principle that “a man’s home is his castle.”  Therefore, invasion of a person’s home by the government without a warrant is not permitted. His papers were used to convict Weeks of transporting lottery tickets through the mail.

Supreme Court Cases. A neighbor told them where to find the key. The Western District Court of Mississippi decision is reversed and remanded. 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. ", "232 US 383 Fremont Weeks v. United States | OpenJurist", Skinner v. Railway Labor Executives Ass'n, Hiibel v. Sixth Judicial District Court of Nevada, Michigan Department of State Police v. Sitz, National Treasury Employees Union v. Von Raab, Safford Unified School District v. Redding, https://en.wikipedia.org/w/index.php?title=Weeks_v._United_States&oldid=945799286, United States Supreme Court cases of the White Court, Creative Commons Attribution-ShareAlike License, Defendant convicted, W.D. If letters and private documents can be seized and held as evidence against someone without a warrant, then the Fourth Amendment has no meaning. Supreme Court Cases. (adsbygoogle = window.adsbygoogle || []).push({}); Star Athletica, L.L.C. Weeks petitioned against the police for the return of his private possessions. Error to the District Court of the United States for the Western District of Missouri. The gov can tell the hotel who they may and not do business with, upheld 5th amendment right against self-incriminaiton, right to a fair trial and right to have the jury shielded from overwhelming publicity about the case, a phone booth cannot be wiretapped and the evidence obtained used, use of armbands in schools is protected by the 1st amendment, peaceful marchers (protesters) had the right to march, Pentagon papers case, upheld freedom of the press, uses the Equal Protection Clause of the 14th amendment to prevent states from making laws that favor men over women, upheld freedom of religion, the Amish may not be forced to send their children to public schools after 8th grade, the right to privacy extends to a woman's right to choose whether or not to terminate her pregnancy, the President of the US could not shield himself from criminal prosecution or investigation by using executive order or executive privilege, the death penalty did not violate the 8th amendment, quotas are unconstitutional but the use of race in determining admissions is constitutional, Kaiser Aluminum and Chemical Corp (and United Steelworkers of America) v. Weber, affirmative action is hiring and promotions was constitutional, school officials do NOT have to follow police standards of searches when conducting searches, banned a moment of silence in public schools as if it were prayer, schools have the right to discipline students for lewd or indecent speech at school events, schools may restrict student freedom of the press claims, censorship in schools is allowed, Skinner v. Railway Labor Executives Association, a company who engages in an industry that involves public safety (like a railroad company) may require periodic testing of their employees for drug and alcohol use. v. Varsity Brands, Inc. Police officers arrested the defendant, Weeks, at his place of work. 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.

Even though there were hardships for people "hardships were a part of war" and many Japanese Americans refused to take loyalty oaths to the US, tax dollars may be used to bus students to private/religious schools, tax dollars may not be used to support teaching of any religion in any public institution, Upheld Smith Act which made it illegal to teach or advocate the violent overthrow of the US government, limited Congressional power regarding investigations of individuals, you can talk about Communism and overthrowing the government as long as you don't advocate or encourage the use of violence to do so, evidence seized illegally must be excluded from trial - exclusionary rule established firmly, federal courts had the right to hear cases involving state reapportionment, bible reading is banned in public schools, overturned Betts case and directed that an attorney must be provided in criminal cases to someone who could not afford one, a suspect has a right to an attorney being present when he is being questioned, "one man one vote" case, deals with apportionment of voting districts in states, ruled that the commerce clause and the Civil Rights Act can be applied to a business in a state.

[1] It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. The Supreme Court unanimously decided that since there was no warrant, the search was illegal. supremacy clause, necessary proper, implied powers, protection of contracts and corporations from states, commerce clause, Congress has the power to regulate interstate commerce, protection of Native American rights over state rights, African Americans did not qualify as US citizens (free or not), overturned Scott and was 1st case recognizing 14th Amendment, freedom of religion upheld but not anything against social order, Wabash, St. Louis and pacific Railway Co. v. Illinois, states could not pass laws regulating industries that interfered with interstate commerce. Officers entered the house of the defendant without a search warrant and took possession of papers and articles, which were turned over to the US marshals. Therefore, the papers found should have been excluded because of the Fourth Amendment.

Court Cases. Led to the creation of the ICC, the Sherman Anti-trust Act was Constitutional, Federal Control of Interstate Commerce: Debs 1895, the Federal Government had the power to force the end of strikes when the strikes threatened interstate commerce.

Once in Weeks’ home, the officers searched the home and seized papers and other property belonging to Weeks. Accordingly, the District Court was wrong to deny Weeks’ request to have his personal documents returned to him. At the same time, other police officers went to Weeks’ home and gained entry because a neighbor told the police the location of his house key. In fact, throughout history, beginning in England and through the drafting of the Constitution, the notion that “a man’s home is his castle” has been jealously guarded. It is not a violation of their 4th amendment rights, Cruzan v. Director, Missouri Department of Health, a right to die case where the SCOTUS upheld the state's claim that the parents of the victim did not have the right to end medical treatment because she was in a vegetative state, police may search a container in a vehicle without a warrant if there is probably cause to search the container, International Union, UAW v. Johnson Controls Inc, a business may not discriminate against women regarding a job position that might prove hazardous to the health of her unborn child, court upheld another death penalty case even though there had been victim impact evidence, a coerced confession introduced at trial does not necessarily reverse a conviction, Planned Parenthood of Southeastern Pennsylvania, spousal notification is not required in abortion cases, a student can be kept from participating in athletics if he or his parents fail to consent to a drug test, if police have a "reasonable, articulable suspicion that criminal activity is afoot may conduct a brief, investigatory stop" the location of that stop is relevant, a state was not required to administer driving tests in every language, this was not discriminatory, a US citizen held as an enemy combatant has a fundamental right to take his case to court. ... AP Gov. Weeks was convicted of using the mails to transport lottery tickets. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues.

1st time Exclusionary rule used, "clear and present danger" restriction on free speech (the 1st Amendment), selective incorporation, that the Bill of Rights and all the amendments were applicable to states, evidence obtained from phone taps was admissible, upheld the right to an attorney in capital cases, the Constitution could be altered because of extraordinary conditions, upheld the law that required students to salute the flag in school even if the saluting conflicted with their religion (Jehovah's witnesses), the state is not required to provide an attorney in every criminal case, West Virginia State Board of Ed.