Mapp V Ohio

Topics: Supreme Court of the United States, Fourth Amendment to the United States Constitution, Mapp v. Ohio Pages: 2 (556 words) Published: November 18, 2009
Anthony Lamancusa
Mapp v. Ohio

Mapp v. Ohio was a landmark U.S. Supreme Court Case where as on May 23, 1957 police officers outside Cleveland Ohio received an anonymous tip that a suspect in a bombing and illegal betting equipment case was being hid in the house of Dollree Mapp. After which, three officers preceded to the house and asked if they could take a look inside, Mapp then took the appropriate steps in calling her attorney which told her not to let them in without a search warrant. Two of the three officers left and came back three hours later with several more officers. They decided to break down one of Mapp’s door and enter the premises without her permission or a valid warrant. Mapp asked the policemen to see a warrant and once produced she took it, put it down her shirt, and was then cuffed as the police forcefully took the paper back. They then continued to search the residence and found no trace of any other persons than Mapp and her daughter living in the house. Upon entering Mapp’s bedroom they found a suitcase with derogatory symbols on it, inside was pornographic material which in Ohio at the time was illegal. Mapp claimed that she lent the case to a boarder several days before and the content of which was not hers. She was then arrested, prosecuted, tried and sentenced for the possession of pornographic material. Mapp appealed saying that she never should have been brought to trial because the police conducted an illegal and warrantless search. The Supreme Court of Ohio disagreed and her conviction was upheld stating that the fourteenth amendment did not did not guarantee the fourth amendment protections on the state level. Her lawyer argued that if the exclusionary rule was not enforced on the state level then the police would have the right to search anything, anytime they wanted. She then appealed to the United States Supreme Court and after deliberation and an outcome of a 6-3 decision the court overturned Ohio’s decision...
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