Dollree Mapp Case Study

The petitioner was then placed under arrest for being belligerent and taken to her bedroom on the second floor of the residence. The Ohio Police searched the house thoroughly, with no search warrant recorded of any evidence that a search warrant existed, and discovered Ogletree, who was subsequently cleared on the bombing charge, hiding in the apartment of the downstairs tenant, Minerva Tate. Continuing in the search of Mapp's residence and in the basement of the house police found a quantity of "California Gold" betting slips and paraphernalia. They also found a variety of obscene pornographic materials which Mapp stated a previous tenant named Morris Jones had left behind. The officers then conducted a widespread search of the residence wherein obscene materials were found in a trunk in the basement. Dollree Mapp was ultimately convicted of possessing these materials.
The issue of the case was that could a
The court stated that the exclusionary rule also applies to states, meaning that states cannot use evidence gained by illegal means to convict someone. Clark argued that the Fourth Amendment strictly implies that the use of evidence obtained in violation of the amendment is unconstitutional. Furthermore this overturned the Wolf ruling, the Supreme Court had found that the Fourth Amendment’s protection against “police incursion into privacy” is incorporate if the right to privacy is incorporated. He also went on explaining the courts rationale based on the connection between the Fourth and the Fourteenth amendment when saying that since the Fourth amendment is a right of privacy and has been declared enforceable through the Fourteenth then it is enforceable against them by the same sanction of exclusion. The court believed that if the right to privacy stated in the Fourth amendment is valid with regard to action by the states they so should be exclusionary