Describe the importance of the following cases: a. Weeks v. United States, 1914 b. Mapp v. Ohio, 1961 c. New Jersey v. Lowry, 1967?

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  • Anonymous
    6 years ago
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    A) Weeks v. United States, 232 U.S. 383 (1914), was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. It was not until the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the exclusionary rule was deemed to apply to state courts as well.

    B) Mapp v. Ohio, (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states.

    C) Defendants Lowry and Ferguson are charged with unlawful possession of a narcotic drug, to wit, marijuana,N.J.S.A. 24:18-4. Juvenile B is charged with an offense under the Juvenile Delinquency Act, N.J.S. 2A:4-14(1)(a) in the Essex County Juvenile Court, the disposition of which is awaiting the outcome of this motion

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