Mapp V Ohio

1 Pages 323 Words

Mapp V. Ohio
367 U.S. 643 (1961)

Facts: Mapp was convicted of possession of lewd and lascivious books, pictures, and photographs in violation of Ohio law. Three Cleveland police officers went to Mapp’s resident based on information that a person who was wanted in connection with a recent bombing was hiding out in her home. The officers knocked on the door and demanded entrance, but Mapp, telephoning her attorney, refused to admit them without a warrant. The officers again sought entrance three hours later, after the arrival of more police. When Mapp did not respond, the officers broke the door open. Mapp’s attorney arrived but was denied access to his client. Mapp demanded to see the search warrant the police claimed to possess. When a paper supposed to be the warrant was held up by one of the officers. Mapp grabbed the paper and places it in her bosom. A struggle ensued and the paper recovered after Mapp was handcuffed for being belligerent. A search of the house produced a trunk that contained obscene materials. The materials were admitted into evidence at the trail and Mapp was convicted of possession of obscene materials.

Issue: Fourth Amendment (Exclusionary Rule)

Court: United States Supreme Court

Reason; “Since the Fourth Amendment’s right of privacy has been declared enforceable against the States through the Due Process Clause of the [Fourteenth Amendment], it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise, then just as without the Week rule the assurance against unreasonable searches and seizures would be ‘a form of words,’ valueless and undeserving of mention in a perpetual charter of inestimable human liberties, so too, without that rule the freedom from state invasions of privacy would be… ephemeral…” The exclusionary rule not only applies to federal cases, it also applies to state criminal proceedings. This prohibits...