Weeks v. United States

232 U.S. 383 (1914)

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Nature of the Case

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Facts

Weeks (D) was arrested by a police officer without warrant at the Union Station in Kansas City, Missouri, where he was employed by an express company. Police officers had gone to D's house and being told by a neighbor where the key was kept, found it and entered the house. They searched D's room and took possession of various papers and articles found there, which were afterward turned over to the United States Marshal. Officers returned with the Marshal, who thought he might find additional evidence and, being admitted by someone in the house, probably a boarder, the Marshal searched D's room and carried away certain letters and envelops found in the drawer of a chiffonier. No one had a search warrant. D was charged with a federal crime for using the mails to transport lottery tickets. The prosecution was based on evidence that was seized from D's home; there was no warrant for either search that had occurred. D petitioned the court for the return of the items taken from the home in that their seizure violated the Fourth Amendment. That petition was denied, and D was convicted.