In this episode we re-argue the landmark case Weeks v. United States.
Local law enforcement entered and searched FW’s home without a search warrant. At the same time, other officers arrested FW at work. Afterward, a federal marshal conducted a second search of FW’s home without a warrant. Using the evidence from the search, the prosecution secured a conviction against FW, who appealed his conviction.
The question before the court: under the 4th and 5th Amendments, can the feds use evidence obtained without a search warrant (and in violation of an individual’s civil rights) at federal trials?
This is episode 1 of a 3-part series on the development of the Exclusionary Rule.
References
Bradley, G.V. (1986). Present at the creation? A critical guide to Weeks v. United States and its progeny. Saint Louis University Law Journal, 30, 1031-1102.
Spitzer, E. (2019, May 3). Weeks v. United States: The origin of the federal exclusionary rule. ThoughtCo. https://www.thoughtco.com/weeks-vs-u-s-4173895
Weeks v. United States, 232 U.S. 383 (1914).