Ohio V. United States in Violations from the Constitution

512 Words Jan 29th, 2018 2 Pages
Both the fourth and fifth amendment protect the privacies of individuals from governmental intrusion. Appellant Boyd complained that she was denied her constitutional right to testify. The right to testify comes from many amendments and clauses in the constitution such as the due process clauses, the Fifth, and Fourteenth amendment. The court held that “ the search for and seizure of evidence within an accused’s possession might well result in compelling the accused to be a witness against himself.” Then, the court reasoned that the search was unreasonable “ab initio” and it makes it a violation of the fourth amendment. Justice Black mentioned in his concurrence that if something is obtained illegally, it cannot be used again the appellant. The Boyd’s case was not the only case mentioned in the Mapp v. Ohio opinion. Additionally, Weeks v. United States (1914) was a case that determined the warrantless seizure of items from an individual is a violation of the Fourth Amendment. The police seized a few papers from Freemont Weeks’s home and he was charged with transporting lottery tickets through the mail. These papers were taken from his home without a warrant. Weeks asked that his papers be returned to him. This case is another example of the violation of the fourth amendment. The opinion giving in this case agreed that the constitution protects the rights of the citizens unless someone committed a crime. Therefore, the government has the permission to restrict someone’s…
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