Weeks v. United States (1914)
Chief Justice: Edward White (1910-1921)
Issue/Topic
Fourth Amendment
II. Background and Facts of the Case
Papers were taken out of the home of Freemont Weeks and used to convict him of transporting
lottery tickets through the mail. These papers were seized by the police without the knowledge of
Weeks or a warrant. Freemont Weeks took this to trial and petitioned for the return of his private
possessions.
III. The Issue for the Court
The court is deciding if Weeks’ papers should be returned to him. These papers could convict
him of transporting lottery tickets through the mail, however, it is a violation of his fourth
amendment rights if the court allows the police to use the evidence because they were taken from
his mail illegally.
IV. Arguments
Weeks believes that his papers should be given back to him because he was unaware they were
stolen and therefore, did not give permission to the police to take his mail. Had they had a
warrant Weeks would not have taken this to court because his fourth amendment rights would
not have been violated.
The U.S Government argues that even though his rights were vilolated, those papers are
necessary to prosecute him.
Opinion: The Consitution was written for a reason and that was to protect the rights of the
citizens of the United States. However, if someone has committed a crime, they need to be
punished accordingly.
V. Decision
In December of 1913, this case was argued 2-3, but was finally ruled 9-0 (in favor of Weeks) in
1914.
VI. Reasoning
While in court, it was ruled that it was a violation of Weeks' constitutional rights due to the
Fourth Amendment, which states that "the right of the people...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."
VII. Personal Opinion
As a citizen of the United States, I believe that the Consitution is there to protect us and that it
should always be followed when deciding on court rulings. However, if you commit a crime then
you are not doing our country justice, even if that means the evidence used to charge you was not
obtained in the most favorable of ways. If you want to be treated rightfully, then you shouldn’t
be disobeying the laws in the first place.
VIII. Historical Significance of the Case
This case develop the doctrine that,in certain cases in is permissible for the government to
restrict an individual’s rights. It established clear limitations on the freedom of speech. The
"Clear and Present Danger" concept became the litmus test for many other rulings.
IX. Citations
"Members of the Supreme Court of the United States." Supreme Court of the United States. Web.
01 May 2011. <http://www.supremecourt.gov/about/members.aspx>.
Steidle, Barbara C. "Weeks v. United States: Information from Answers.com." Answers.com:
Wiki Q&A Combined with Free Online Dictionary, Thesaurus, and Encyclopedias. Answers
Corporation. Web. 02 May 2011. <http://www.answers.com/topic/weeks-v-united-states>.
"Weeks v. United States | OrderInTheCourt.org." OrderintheCourt.org: Exposing Activist
Judges, Restoring Rule of Law. The Hertiage Foundation. Web. 01 May 2011.
<http://orderinthecourt.org/Cases/Weeks-v-United-States>.
"Weeks v. United States | The Oyez Project at IIT Chicago-Kent College of Law." The Oyez
Project at IIT Chicago-Kent College of Law | U.S. Supreme Court Oral Argument Recordings,
Case Abstracts and More. Illinois Institute of Technology, 2005-2011. Web. 02 May 2011.
<http://www.oyez.org/cases/1901-1939/1913/1913_461>.
The Constitution of the United States of America