Mapp Vs. Ohio State

Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is

Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp’s apartment was illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem. Regarding the issue of search and seizure, the Supreme Court has developed a much

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

In the court case SMYTH v. LUBBERS, 398 F.Supp 777 (1975) the plaintiff’s rooms were searched without a warrant or probable cause by campus police officers that were acting as officials of the state. They seized a substance that was alleged to be marijuana and proceeded to arrest the plaintiffs. The court held that the search and seizure was illegal because, that two of the campus police officers were acting as representatives of the county police at the time, and there are rules in the student handbook at that college in place to protect students from illegal search and seizure, and those rule were not followed. Just like in Jones v. Rohward University, Deary Jones was subjected to an illegal search and seizure. This search and seizure is

The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and

Another case that establishes the premise for determining the validity of the search includes United States v. Matlock. The question before the Court in Matlock was whether the third party's consent for the police to search the defendant's house was "legally sufficient" to render the evidence admissible at trial. Police officers arrested the defendant in his front yard, but did not request his permission to search the house. Instead, some of the police officers approached the house and requested permission to search from Mrs. Graff, who lived in the house with defendant. Mrs. Graff consented to the search and the officers found nearly $5,000 in cash in a closet. Both the district court and the court of appeals excluded the evidence from the trial, finding that Mrs. Graff did not have the authority to consent to the search. The Supreme Court granted certiorari to settle this evidentiary issue. Justice White, for the Court, espoused the

The Supreme Court consolidated two cases where the police gained entry into the defendants’ home without a search warrant and seized evidence found in the house. The rule of law as read out under the Fourth and Fourteenth Amendment posits that the United States Constitution has prohibited warrantless entry and search of a premise, absent the exigent circumstances, regardless the existence of a probable cause. The courts in Payton held that the Fourth Amendment made it a violation to enter a premise during an arrest absent an arrest warrant and exigent circumstances; a person’s house is a critical point to which the constitutional safeguards should be respected.

In May of 1957, police officers in Cleveland Ohio went to the home of Dollree Mapp in search of a suspect in a bombing case (the police were also seeking illegal gambling equipment at the residence.) Dollree Mapp refused to let the officers in without a search warrant; after placating her and thus seeking a warrant, two hours later additional officers arrived with a search warrant--a warrant Mapp took from the police and immediately stuffed into her dress. A minor scuffle ensued, and Mapp was placed in handcuffs for being noncooperative. Although the suspect or gambling material was not at the residence, the police did find pornographic material and subsequently arrested Mapp for possession of pornographic material. Mapp was prosecuted, held guilty and sentenced for possession of the illegal material, and further, no warrant was offered as evidence at trial. Mapp sought relief for the Cleveland police force's violation of her 4th Amendment unwarrantable search and seizure rights.

In the case Mapp V. Ohio of 1961, police forced their way into Dollree Mapps, house, suspecting her of harboring a suspected bomber. No suspect was found and Mapp was arrested of possessing obscene pictures and was convicted in an Ohio court. Mapp appealed to the United States Supreme Court and the decision was made that the Supreme Court said “evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts” (USCourts). The ruling was decided by the fourth amendment, which is protection against unreasonable search and seizure.

Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.

Mapp vs. Ohio is the landmark case in which the Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against “unreasonable searches and seizures” may not be used in the statle law criminal prosecutions. Police officers in Cleveland, Ohio received tainted information regarding a bombing and illegal betting equipment in the home of Dollree Mapp. Officers went to his home and tried to enter. When Mapp asked for a search warrant a all but one officer went back to get one. When the officers came back they broke

On October 31st, 1963, in Cleveland, Ohio, Officer Martin McFadden observed two men standing outside a storefront acting suspiciously. He watched one of the men walk down the street pausing to look in a store window. At the end of the street the man turned around and proceeded to walk back, pausing at the same store window as on his way down. Upon reaching the other man, the two mingled and talked to each other. Officer McFadden witnessed these men do this several times. Officer McFadden concerned the men were “casing a job”, then followed the two men, and watched as they met up in front of Zucker’s Store. At this point, Officer McFadden walked up to the men, identified himself as a police officer, and asked for their names. He asked the first man, Terry to turn around. He frisked him, and, feeling a pistol frame inside Terry 's overcoat, ordered the men into the store. Terry and Chilton were charged with possession of a concealed weapon, and were each sentenced to three-years in prison. The arrest of Terry set in motion a series of lower court cases that ultimately led to the landmark Supreme Court case that addressed the Fourth Amendment right against unreasonable searches and seizures. The United States Supreme Court decided the case of Terry v. Ohio on June 10, 1968. The question that arises in the Terry v. Ohio case has to do with the Fourth Amendment, specifically the line "the right of the people to be secure in their persons, houses, papers, and effects, against

The facts of the case was the police officers came to Ms. Dollree Mapp home on May 23, 1957, on the suspicion that she was harboring a bomb suspect and illegal betting equipment. The police officers ask to enter her home, but she refused them entry into her home without a search warrant. The officers came back with a piece of paper, then proceeded to break into Ms. Mapp home to search for bomb suspect, but no suspect was found, but during the search officers found "lewd and lascivious" books; which was prohibited by Ohio state law to have any obscene material in your possession. It would later found out that it was an illegal search and seizure because the paper that the officer held was not a search warrant. Ms. Mapp was arrested, prosecuted, found guilty and sentenced for possession of obscene materials. Ms. Mapp tried to appeal the decision on the case, the Ohio Supreme Court recognized the unlawfulness of the search, but upheld the conviction on the grounds established by the Supreme Court decision on Wolf v.

Mapp v. Ohio, 367 U.S. 643 (1961) Evidence that is acquired in violation under the Fourth Amendment is prohibited in a court of law and unconstitutional.

Mapp v. Ohio, was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states. On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Mapp refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers. Brandishing a piece of paper, they broke in