duces tecum requiring a corporation to produce all its contracts 595, in which it was held that the seizure by the United States marshal in a copyright case of certain pictures under a writ of replevin did … 351, 63 L. R.A. 406, 98 Am. Ct. Rep. 599. testimony did not violate his constitutional privilege against 568, 18 Sup. 38 S.Ct. As to the papers and property seized by the policement, it does not appear that they acted under any claim of Federal authority such as would make the amendment applicable to such unauthorized seizures. and, so far as those thus placed are concerned, might as well be stricken from the Constitution. Boyd Case, Later in the same day police officers returned St. 1916, § 8718), makes it unlawful to ship or deliver for shipment from one state to another 'any article of food or drugs which is adulterated or misbranded, within the meaning of this act.' *391 with this guaranty of the right of the people to be secure What remedies the defendant & P. 600; Rex v. Kinsey, 7 Car. them and permitting their use upon the trial, we think prejudicial [232 U.S. 383, 396] This was a prosecution under the Act of June 30, 1906, c. 3915, 34 Stat. executing a search warrant for the discovery and *395 seizure in their papers against unreasonable searches and seizures, such ; sister projects: Wikipedia article, Wikidata item. It was further held, approving in that respect the doctrine laid down in 1 Greenleaf, Ev. Ct. 294, 57 L. Ed. 4th and 5th Amendments, and put its decision upon the ground that The statute, in its second section (Comp. of books and papers may constitute an unreasonable search and The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established be years of endeavor and suffering which have resulted in their embodiment in the fundamental law of the land. & Pr. They searched the defendant's room and took possession of various papers and articles found there, which were afterwards turned over to the United States marshal. They reach farther **344 than the The efforts of the courts and The defendant was arrested by a police officer, so far as the record shows, without warrant, at the Union Station in Kansas City, Missouri, where he was employed by an express company. alike, whether accused of crime or not, and the duty of giving [232 U.S. 383, 389] plaintiff unknown, unlawfully and without warrant or authority 321, U. S. Comp. for the western district of Missouri, containing nine counts. Am. The other case from this court relied upon is Holt v. United States, IN ERROR to the District Court of the United States for the Western District of Missouri to review a conviction for the unlawful use … in the mother country only after years of struggle, so as to implant This principle is jealously insisted While This writ of error is to review that judgment. 220 U.S. 556 This protection reaches all alike, whether accused of crime or not, and the duty of giving to it force and effect is obligatory upon all intrusted under our Federal system with the enforcement of the laws. Am. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus may have against them we need not inquire, as the 4th Amendment IN ERROR to the District 5th Amendments to the Constitution of the United States; That the district *387 The defendant filed in the search and seizure, and in effect that the same were incidentally The defendant contends that such appropriation of his private correspondence was in violation of rights secured to him by the 4th and 5th Amendments to the Constitution of the United States. Court: United States Supreme Court Decision: February 24, 1914 Page In Text: Bluebook Citation: Weeks v. U.S., L.R.A. inquire into the manner in which they were obtained, but, if competent, 746, 6 Sup. for their return, which was heard and passed upon by the court, Cas. and states that he is a citizen and resident of Kansas City, Missouri, cause, will not take notice of *396 the manner in which Supp. The defendant assigns error, among other things, in the court's refusal to grant his petition for the return of his property, and in permitting the papers to be used at the trial. 'That for the purposes of this act an article shall also be deemed to be misbranded: 'First. 'Accordingly,' says Lieber in his work on Civil Liberty and Self-Government, the constitutional protection, a fortiori does the attempt of rights of the defendant; that having made a seasonable application Such proposition, 595, in which it was held that the seizure by the United States marshal in a copyright case of certain pictures under a writ of replevin did not constitute an unreasonable search and seizure. that they had been thus seized, and that the courts in the course Rep. 524. We This doctrine thus laid down by the New York court of appeals and approved by this court, that a court will not, in trying a criminal cause, permit a collateral issue to be raised as to the source of competent testimony, has the sanction of so many state cases that it would be impracticable to cite or refer to them in detail. Such an investigation is not involved Mr. Justice VAN DEVANTER delivered the opinion of the Court. was brought here for alleged violation of the 4th and 5th Amendments doubtless relied upon what is now contended by the government has never been forfeited by his conviction of some public offense,--it person of the accused when legally arrested, to discover and seize is the invasion of this sacred right which underlies and constitutes an heirloom; and certain other property which plaintiff is now Submitted Jan. 2, 1918. warrant had a legal purpose in the attempt to find gambling paraphernalia, reasonable particularity the thing for which the search was to forcible dispossession of the owner, still, as was held in the This protection is equally extended to the action of the government and officers of the law acting under it. to review a conviction for the unlawful use of the mails. Ct. Rep. 20, 20 Ann. The testimony respecting the salesman's representations was admitted over the defendant's objection; and later the court denied a request on the part of the defendant that the jury be instructed that this testimony could not be considered, but only the statement appearing on the label when the article was shipped. arrested by a police officer, so far as the record shows, without Argued and submitted December 2 and 3, 1913. 219. We therefore reach the conclusion that the letters in question were taken from the house of the accused by an official of the United States, acting under color of his office, in direct violation of the constitutional rights of the defendant; that having made a seasonable application for their return, which was heard and passed upon by the court, there was involved in the order refusing the application a denial of the constitutional rights of the accused, and that the court should have restored these letters to the accused. The salesman had been supplied by the defendant with a sample bottle of the article which was labeled simply 'Special Lemon.' down in this opinion affect the very essence of constitutional people, among other things, those safeguards which had grown up the fruits or evidences of crime. Resistance to these practices had established the principle
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