Constitutional Policing.docx

Constitutional Policing.docx - Running Head CONSTITUTIONAL...

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Running Head: CONSTITUTIONAL POLICING 1 Constitutional Policing Student name Institution
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CONSTITUTIONAL POLICING 2 The case of Weeks versus the united state seeks to answer the question of whether the search and seizure in his private premises violate the fourth amendment. The case also sought the answer of whether the possession of Weeks, taken after a warrantless search, could be used against him in the court of law. The evidence of the documents that had been seized from Weeks home in the course of the search without warranty formed the base of his conviction. Some of the evidence that was taken from his home was private papers that the authority linked him with transporting lottery tickets through the mail. Weeks sued the police and appealed for the return of his personal possession. To come up with the unanimous conclusion, the court based its argument on the law stated in the fourth amendment. According to the fourth amendment, the officers and the federal courts are under a restrain and limitation in exercise of the power and authority. The amendment stipulates that the people of the state should be secure in their persons, the people, papers, houses, and should not be subjected to irrational searches and seizure under the excuse of law. The warrantless search and seizure of Weeks home, therefore, violated the constitutional rights. In addition, the court argued that the government's rejection to return Weeks’ property also violated the fourth amendment. Justice William Day regarded the previous judgment unconstitutional. The law violates the fourth amendment, which outlaws the arbitrary search and seizure of people’s premises and possessions without a warranty. The law prohibits the use of the possessions seized from the defendant whether he or she is guilty or not and the material cannot be used against him or her in the court.
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  • Spring '17
  • prof lelo
  • English, It, Supreme Court of the United States, Fourth Amendment to the United States Constitution, Silverthorne Lumber Co., constitutional policing

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