Weeks v. United States The Case and Its Impact

Weeks v. U.S. was a landmark case that laid the basis for the exclusionary rule, which prevents illegally obtained evidence from being used in federal court. In its decision, the court unanimously upheld Fourth Amendment protections against unwarranted searches and seizures. Fast Facts: Weeks v. United States Case Argued: Dec 2—3, 1913Decision Issued:  February 24, 1914Petitioner:  Fremont WeeksRespondent:  United StatesKey Questions: Could the items obtained without a search warrant from Mr. Week’s private residence be used as evidence against him, or was the search and seizure without a warrant a violation of the Fourth Amendment?Unanimous Decision: Justices White, McKenna, Holmes, Day, Lurton, Hughes, Van Devanter, Lamar, and PitneyRuling: The Court held that the seizure of items from Weeks residence directly violated his constitutional rights, and also that the governments refusal to return his possessions violated the Fourth Amendment. Facts of the Case In 1911, Fremont Weeks was suspected of transporting lottery tickets via mail, an offense against the Criminal Code. Officers in Kansas City, Missouri, arrested Weeks at his work and searched his office. Later, officers also searched Weeks home, seizing evidence including papers, envelopes, and letters. Weeks was not present for the search and officers did not have a warrant. The evidence was turned over to the U.S. Marshalls. Based on that evidence, the Marshalls conducted a follow-up search and seized additional documents. Prior to the court date, Weeks’ attorney petitioned the court to return the evidence and to prevent the district attorney from using it in court. The court denied this petition and Weeks was convicted. Week’s attorney appealed the conviction on the basis that the court had violated his Fourth Amendment protection against illegal searches and seizures by conducting an unwarranted search and by using the product of that search in court. Constitutional Issues The main constitutional issues argued in Weeks v. U.S. were:Whether it is legal for a federal agent to conduct an unwarranted search and seizure of a person’s home, andIf this illegally obtained evidence can be used against someone in court. The Arguments Weeks’ attorney argued that officers had violated Weeks’ Fourth Amendment protections against unreasonable searches and seizures when they entered his home without a warrant to obtain evidence. They also argued that allowing illegally obtained evidence to be used in court defeats the purpose of the Fourth Amendment. On behalf of the government, attorneys argued that the arrest was based on sufficient probable cause. The evidence uncovered in the search served to confirm what the officers had suspected: Weeks was guilty and the evidence proved that. Therefore, the attorneys reasoned, it should eligible to be used in court. Majority Opinion In a decision delivered by Justice William Day on February 24, 1914, the court ruled that the search and seizure of evidence in Weeks home violated his Fourth Amendment right. Fourth Amendment protections apply to someone whether accused of crime or not,† according to the Court. Officers needed a warrant or consent to search Weeks home. The federal government also violated Weeks Fourth Amendment protections when the court refused to return evidence seized during an unreasonable search. In finding that the search was illegal, the court rejected one of the governments main arguments. The governments attorneys had attempted to show the similarities between Adams v. New York and Weeks case. In Adams v. New York, the court ruled that evidence incidentally seized while conducting a legal, warranted search may be used in court. Since officers had not used a warrant to search Weeks home, the court refused to apply the ruling reached in Adams v. New York. The Justices ruled that the illegally seized evidence was fruit from the poisonous tree. It could not be used in a federal court. Allowing the district attorney to use such evidence to convict Weeks would violate the intent of the Fourth Amendment. In the majority opinion, Justice Day wrote: The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers, and effects, against all unreasonable searches and seizures under the guise of law. The Court reasoned that allowing submission of illegally obtained evidence actually encouraged officers to violate the Fourth Amendment. In order to deter violations, the court applied the exclusionary rule. Under this rule, federal officers who conducted unreasonable, unwarranted searches could not use the evidence they found in court. The Impact Prior to Weeks v. U.S., federal officers were not punished for violating the Fourth Amendment in pursuit of evidence. Weeks v. U.S. gave the courts a means of preventing unwarranted intrusions on a person’s private property. If illegally obtained evidence could not be used in court, there was no reason for officers to conduct illegal searches. The exclusionary rule in Weeks only applied to federal officers, which meant that illegally obtained evidence couldn’t be used in federal courts. The case did nothing to protect Fourth Amendment rights in state courts. Between Weeks v. U.S. and Mapp v. Ohio, it was commonplace for state officers, unbound by the exclusionary rule, to conduct illegal searches and seizures and hand the evidence to federal officers. In 1960, Elkins v. U.S. closed that gap when the court ruled that the transfer of illegally obtained evidence violated the Fourth Amendment. Weeks v. U.S. also laid the groundwork for Mapp v. Ohio in 1961, which extended the exclusionary rule to apply to state courts. The rule is now considered a fundamental element of Fourth Amendment law, providing the subjects of unreasonable searches and seizures a unified manner of recourse. Weeks v. U.S. Key Takeaways In 1914 the court ruled unanimously that evidence obtained through an illegal search and seizure could not be used in federal courts.The ruling established the exclusionary rule, which prevents the court from using evidence that officers uncover during an illegal search and seizure.The exclusionary rule only applied to federal officers until Mapp v. Ohio in 1961. Sources Root, Damon. Why Courts Reject Illegally Obtained Evidence.  Reason, Apr. 2018, p. 14.  General OneFile.http://link.galegroup.com/apps/doc/A531978570/ITOF?umlin_m_brandeissidITOFxidd41004ce.Weeks v. United States, 232 U.S. 383 (1914).

How Bat Echolocation Works

Echolocation is the combined use of morphology (physical features) and sonar (SOund NAvigation and Ranging) that allows  bats  to see using sound. A bat uses its larynx to produce ultrasonic waves that are emitted through its mouth or nose. Some bats also produce clicks using their tongues. The bat hears the echoes that are returned and compares the time between when the signal was sent and returned and the shift in the frequency of the sound to form a map of its surroundings. While no bat is completely blind, the animal can use sound to see in absolute darkness. The sensitive nature of a bats ears enables it to find prey by passive listening, too. Bat ear ridges act as an acoustic Fresnel lens, allowing a bat to hear the movement of ground-dwelling insects and the flutter of insect wings. How Bat Morphology Aids Echolocation Some of a bats physical adaptations are visible. A wrinkled fleshy nose acts as a megaphone to project sound. The complex shape, folds, and wrinkles of a bats outer ear help it receive and funnel incoming sounds. Some key adaptations are internal. The ears contain numerous receptors that allow bats to detect tiny frequency changes. A bats brain maps the signals and even accounts for the Doppler effect flying has on echolocation. Just before a bat emits a sound, the tiny bones of the inner ear separate to reduce the animals hearing sensitivity, so it doesnt deafen itself. Once the larynx muscles contract, the middle ear relaxes and the ears can receive the echo. Types of Echolocation There are two main types of echolocation: Low-duty-cycle echolocation allows bats to estimate their distance from an object based on the difference between the time a sound is emitted and when the echo returns. The call a bat makes for this form of echolocation is among the loudest airborne sounds produced by any animal. The signal intensity ranges from 60 to 140 decibels, which the equivalent to the sound emitted by a smoke detector 10 centimeters away. These calls are ultrasonic and generally outside the range of human hearing. Humans hear within the frequency range of 20 to 20,000 Hz, while microbats emit calls from 14,000 to over 100,000 Hz.High-duty cycle echolocation gives bats information about the motion and three-dimensional location of prey. For this type of echolocation, a bat emits a continuous call while listening to the change in the frequency of the returned echo. Bats avoid deafening themselves by emitting a call outside their frequency range. The echo is lower in frequency, falling within the optimal range f or their ears. Tiny changes in frequency may be detected. For example, the horseshoe bat can detect frequency differences as small as 0.1 Hz. While most bat calls are ultrasonic, some species emit audible echolocation clicks. The spotted bat (Euderma maculatum) makes a sound that resembles two rocks striking each other. The bat listens for the delay of the echo. Bat calls are complicated, generally consisting of a mixture of constant frequency (CF) and frequency modulated (FM) calls. High-frequency calls are used more often because they offer detailed information about the speed, direction, size, and distance of prey. Low-frequency calls travel further and are mainly used to map immobile objects. How Moths Beat Bats Moths are popular prey for bats, so some species have developed methods to beat echolocation. The tiger moth  (Bertholdia trigona)  jams the ultrasonic sounds. Another species advertises its presence by generating its own ultrasonic signals. This allows bats to identify and avoid poisonous or distasteful prey. Other moth species have an organ called a tympanum that reacts to incoming ultrasound by causing the moths flight muscles to twitch. The moth flies erratically, so its harder for a bat to catch. Other Incredible Bat Senses In addition to echolocation, bats use other senses unavailable to humans. Microbats can see in low light levels. Unlike humans, some see ultraviolet light. The saying blind as a bat doesnt apply to megabats at all, as these species see as well as, or better than, humans. Like birds, bats can sense magnetic fields. While birds use this ability to sense their latitude, bats use it to tell north from south. References Corcoran, Aaron J.; Barber, J. R.; Conner, W. E. (2009). Tiger moth jams bat sonar. Science. 325 (5938): 325–327.Fullard, J. H. (1998). Moth Ears and Bat Calls: Coevolution or Coincidence?. In Hoy, R. R.; Fay, R. R.; Popper, A. N. Comparative Hearing: Insects. Springer Handbook of Auditory Research. Springer.Nowak, R. M., editor (1999).  Walkers Mammals of the World.  Vol. 1. 6th edition. Pp.  264–271.Surlykke, A.; Ghose, K.; Moss, C. F. (April 2009). Acoustic scanning of natural scenes by echolocation in the big brown bat, Eptesicus fuscus. Journal of Experimental Biology. 212 (Pt 7): 1011–20.

The Massacre At El Mozote - 1351 Words

The Massacre at El Mozote El Mozote is a city in El Salvador, and in 1981 it was the site of a brutal massacre in which American trained Salvadoran soldiers slaughtered almost a thousand civilians. This massacre happened at a very tense point in the Cold War, when the United States was fighting against Communism and the Soviet Union. In this particular situation, the United States aligned with the Salvadorans to prevent the spread of communism into El Salvador. When the Salvadoran soldiers killed hundreds of innocent citizens, the United States government became worried. Mark Danner, the author of The Massacre at El Mozote, stated that when news of the massacre entered the American media, the government brushed it off as propaganda. Ronald Reagan, the U.S. president at that time, and his administration responded to the situations in El Mozote by calling it propaganda because they feared America’s reputation would be tarnished, and the government wanted and needed to do everything in its power to avoid losing El Salvador to communism. About eleven years after the Massacre took place; a survivor named Rufina Amaya Mà ¡rquez came forward and shared her story, an eye witness account of what happened at El Mozote (Danner 7). Much of the world, including the United States refused to believe her (Danner 8). The United States knew the Salvadoran government and the military were fighting left-wing rebels, who, they believed to be pro-communist, but when Rufina’s story appeared on theShow MoreRelatedThe Massacre At El Mozote1519 Words   |  7 Pageswomen, and children who they believed were accessories to the left-wing guerrilla group that was waging war against the government. Mark Danner, in the book The Massacre at El Mozote, addresses the bloodbath through the stories of survivors and guerrilla members that witnessed it as well as questioning government officials from both the El Salvadoran and the United States government. During that time period, there were numerous insurgencies that were challenging the p ower of the state in Latin AmericaRead MoreEssay about The Massacre in El Mozote as Told by Mark Danner1345 Words   |  6 PagesThe Massacre at El Mozote as told by Mark Danner takes place El Salvador. El Salvador is the smallest country in Central America. It shares borders with Guatemala and Honduras. El Salvador is divided into 14 departments and El Mozote is a village in one of the Departments called Morazan. According to the author, the Salvadoran Civil War 1979-1992 was a conflict waged by the Military led Government of El Salvador and coalition of left-leaning militias or guerillas called the Farabundo Marti NationalRead MoreEl Mozote Essay1448 Words   |  6 Pagesmagazine, recounts in The Massacre at El Mozote a horrific crime against humanity committed by a branch of the Salvadorian army. He gives multiple points of views and cites numerous eye witnesses to try and piece together something that has been tucked away by the government at the time. In December, of 1981, news reports were leaked to major newspapers in the united states about an atrocity committed and a total massacre of a hamlet in El Salvador, known as El Mozote, or the Thicket. At firstRead MoreAnalysis Of Mark Danner s The Salvadoran Civil War1578 Words   |  7 PagesThroughout history mankind has proved itself to be capable of many horrifying actions and atrocities on its own people. One such event occurred inside and in the proximity of the village of El Mozote, in Morazà ¡n, El Salvador, on December 11, 1981, when the Salvadoran Army killed more than 800 civilians in the course of the Salvadoran Civil War. To truly understand the complexity of this event and its impact/place in history author Mark Danner has complied an in-depth assessment of this incidentRead MoreUnited States Of America, Home Of The Brave And Land1439 Words   |  6 PagesWhile the American’s were not pulling the triggers, they were giving the guns and training the army to fight and kill all who seemed to be siding with the communist party. Yet many do not know that America would do this to small little El Salvador. While in turmoil, El Salvador has always been a country of peaceful farmers that mind their own business and enjoy the beauty of their land. Yet that all stopped when the people realized they were being mistreated and the government were racking in the moneyRead MoreAnalysis Of Sal Castro And Maria Tula s Hear My Testimony1698 Words   |  7 Pagesher. Tula felt as though most of this was unjust and simply wanted peace. These encounters reflect the painful reality of the life Tula had in El Salvador. After a sugar mill strike, her husband was jailed, and Tula joined the COMADRES. The COMADRES was a political committee composed of mo thers and relatives of prisoners or those who had disappeared in El Salvador. Their motive was to discover the truth behind the missing relatives of the members. After Tula joined this group he life began to changeRead MoreThe Impact Of Arena On The Beginnings Of The Civil War1850 Words   |  8 Pagesclarifying the role of ARENA in the beginnings of the civil war, we’ve been able to secure a small but consistent advantage over our FMLN opponents. However, according to the research that my team and I have conducted, this advantage is very fragile. While El Salvadoran voters have communicated to us that they do not blame ARENA for the start of the conflict, there is more confusion about the role of the party during the height of the war in the 1980s. Therefore, this memo will be divided into three parts:Read MoreThe United States And The Civil War2482 Words   |  10 Pagesthat can relate of the massacre happened in the next door neighbor, El Salvador. In El Salvador, the st ate of Morazà ¡n military round up three small nearby villages and massacred them all. The massacred was later known as the most vicious in Latin America, it would be later called â€Å"El Mozote† (Ivan, 2014). Here half of my mothers’ side of the family would die. El Mozote had coverage in the United States, but the genocide that was happening in Guatemala did not. Reason why, El Salvador was clearly dividedRead MoreThe Conflict Resolution : Peace1927 Words   |  8 Pagesshows how negative peace does not automatically solve inherent problems in a society is the Central American country of El Salvador. Today El Salvador is the most dangerous country in the world outside a warzone. The gang plagued country s problems can be traced back to its deadly 12 year civil war that occurred from 1980 to 1992. There is no definite explanation as to why El Salvador still suffers tremendously from the lasting effects of the civil war but a lot can be traced to outside state invol vementRead MoreThe Conflict Resolution : Peace2586 Words   |  11 Pagesshows how negative peace does not automatically solve inherent problems in an society is the Central American country of El Salvador. Today El Salvador is the most dangerous country in the world outside a war zone. The gang plagued country s problems can be traced back to its deadly 12 year civil war that occurred from 1980 to 1992. There is no definite explanation as to why El Salvador still suffers tremendously from the lasting effects of the civil war, but a lot can be traced to outside intervention

Perception of Filipino Teenagers on Pre-marital sex free essay sample

A personality of an individual gives him color. Human personality is the particular combination of emotional attitudinal and behavioral response of an individual. Human behavior refers to the range of behaviors exhibited by humans that are influenced by attitudes and emotions. Attitude is an expression of favor or disfavor toward a person, place or thing. A main factor that determines attitudes is like and dislikes, when one person likes one person he/she shows care and love to them. Attitudes can sculpt personalities and the way people view who we are. People with similar attitudes tend to stick together as interests and hobbies are common. This does not mean that people with attitudes do not interact, because they do. What it means is that specific attitudes can bring people together. Attitudes have a lot to do with the mind which highly relates to Human behavior. Teenagers today are going through an era of diverse changes affecting their social needs, perceptions and obligations that need to be recognized Teenagers, nowadays gets into an early relationship because of what they feel, they fall in love easily because of their emotions which leads to not into good results, out of curiosity they tend to have sexual intercourse even though they are not married (Pre-marital sex) they do this because they feel that they are old enough to do it, lack of understanding the consequences of sex at an early age and they want to show love to their partner Pre-marital sex is common to those countries that have numerous population including Philippines. We will write a custom essay sample on Perception of Filipino Teenagers on Pre-marital sex or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Pre-marital sex almost takes place everywhere, especially in places where social interaction happens every day. Wikipedia explains that premarital sex is when two people are having sexual intercourse prior to marrying each other. One of the places where Pre-marital sex happens is where there are no sufficient learning of sex education and family planning. 1 in 3 Filipino youth aged 15-24 has engaged into premarital sex (Tricia Aquino, InterAksyon) she noted also a narrowing  gap in the number of males and females who have engaged in pre-marital sex: 35. 5 percent of males and 28. 7 percent of females in 2013, from 26. 1 percent of males and 10. 2 percent of females in 1994. Therefore, the purpose of this study is to prevent teenagers from premarital sex. They should think more of the outdoor activates that they can choose to do. Parents and adults should keep a watchful eye on their teen sons and daughters. They should guide them and make them aware of the consequences and regrets they will generate once they engage on this unnecessary activity of lust