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Criminal Procedure Keyed to Dressler
Weeks v. United States
Citation:
232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652.Facts
The defendant was convicted for using the mail to gamble in violation of federal law. Police officers had gone to the house of the defendant, searched the house, and took possession of various papers found there, which were afterwards turned over to the United States Marshal. Later in the same day, police officers returned with the Marshal, who thought he might find additional evidence, and the Marshal searched the defendant’s room and carried away certain letters and envelopes. This was all done without a search warrant.
The defendant unsuccessfully petitioned the district court for return of items that were seized by the police. Among the papers retained and put into evidence were a number of lottery tickets. He appealed, arguing that his his Fourth Amendment rights were violated.
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Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
4th Amendment IntroTopic Charts & Notes
Search Warrant Exceptions