Mapp v. Ohio · ¶17

There are in the cases of this Court some passing references to the Weeks rule as being one of evidence. But the plain and unequivocal language of Weeks — and its later paraphrase in Wolf — to the effect that the Weeks rule is of constitutional origin, remains entirely undisturbed. In Byars v. United States, 273 U. S. 28 (1927), a unanimous Court declared that “the doctrine [cannot]... be tolerated under our constitutional system, that evidences of crime discovered by a federal officer in making a search without lawful warrant may be used against the victim of the unlawful search where a timely challenge has been interposed.” At pp. 29-30 (emphasis added). The Court, in Olmstead v. United States, 277 U. S. 438 (1928), in unmistakable language restated the Weeks rule:

U. S. Reports, bound volume
U. S. Reports, volume 367, at 643 (Library of Congress) · transcription: Caselaw Access Project
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