Lecture 19-Search and Seizure

Lecture 19-Search and Seizure - Search and Seizure The...

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Search and Seizure The Exclusionary Rule
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The Exclusionary Rule Fourth Amendment: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, 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.
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The Exclusionary Rule The first landmark case dealing with Search and seizure was Weeks v. US (1914)
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The Exclusionary Rule Weeks v. US Mr. Weeks was suspected of using the US mail to sell lottery tickets…a federal crime. Weeks was arrested and Federal Agents search Week’s home.
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Search and Seizure At this time, warrants were not routinely used when conducting a search. The federal agents confiscated incriminating evidence supporting their claim that Weeks was using the US mail to sell lottery tickets.
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The Exclusionary Rule The federal agents also took Weeks’ personal possessions, including clothes, papers, books, and even candy.
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The Exclusionary Rule Prior to trial, Weeks’ attorney asked the court to order the return of his clients personal items on the basis that those items were seized in violation of the 4 th amendment…The Court agreed.
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On the basis of the evidence retained, Weeks was convicted…he appealed, and the case was eventually heard by the US Supreme Court. Weeks attorney reasoned: if some of his
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Lecture 19-Search and Seizure - Search and Seizure The...

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