Weeks诉美国案是一个具有里程碑意义的案件,奠定了排除规则的基础,该规则阻止非法取得的证据在联邦法院使用。在其决定中,法院一致支持第四修正案对无理搜查和扣押的保护。 1911年,弗里蒙特周被怀疑通过邮件运送彩票,违反了“刑法”。密苏里州堪萨斯城的官员在他的工作中逮捕了周,搜查了他的办公室。后来,警察还搜查了周的家,抓住了包括文件,信封和信件在内的证据。搜索没有出现周,警察没有逮捕令。证据被移交给了美国的Marshalls。根据该证据,Marshalls进行了后续搜查并查获了其他文件。在法庭审理之前,Weeks的律师请求法院归还证据并阻止地方检察官在法庭上使用该证据。法院驳回了此请愿书,而Weeks被定罪。周律师对该定罪提出上诉,理由是法院违反了他的第四修正案保护措施,通过无端搜查和在法庭上使用该搜查的产品来防止非法搜查和扣押。在Weeks诉美国案中提出的主要宪法问题是:联邦代理人是否合法进行无理搜查和没收某人的住所,以及这些非法获得的证据是否可以用于法庭上的某人。

新加坡国立大学社会学论文代写:法庭审理

The Weeks v. United States case is a landmark case that lays the foundation for exclusion rules that prevent illegally obtained evidence from being used in federal courts. In its decision, the Court unanimously supported the Fourth Amendment’s protection against unwarranted searches and seizures. In 1911, Fremont was suspected of delivering lottery tickets by mail, violating the “criminal law.” Officials in Kansas City, Missouri, arrested his work in his work and searched his office. Later, the police also searched the home of Zhou and seized evidence including documents, envelopes and letters. The search did not appear in the week and the police did not have an arrest warrant. The evidence was handed over to Marshalls in the United States. Based on this evidence, Marshalls conducted a follow-up search and seized other documents. Before the court heard, Weeks’ lawyer asked the court to return the evidence and prevent the local prosecutor from using the evidence in court. The court rejected the petition and Weeks was convicted. Mr. Zhou appealed the conviction on the grounds that the court violated his Fourth Amendment protection measures and prevented illegal searches and seizures through unwarranted searches and use of the searched products in court. The main constitutional issues raised in the Weeks v. United States case were whether the federal agent legally conducted unreasonable searches and confiscation of someone’s domicile, and whether the illegally obtained evidence could be used by someone in the court.

发表评论

电子邮件地址不会被公开。 必填项已用*标注