Mapp vs. Ohio: Illegal Search and Seizure Essay

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Mapp vs. Ohio: Illegal Search and Seizure

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 seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Dollree Mapp heard a knocking at her door (170 Ohio Street). When she asked who it was, three men identified themselves as Cleveland police officers.

The officers stated that they believed a fugitive was hiding in her home. Miss Mapp told the officers that there was no one else in her home. They asked her
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Miss Mapp was indicted on the charge, and went to trial. During her trial, no search warrant was ever produced. The judge stated that there was considerable doubt as to whether there ever was a warrant in the first place. Even so, the evidence collected illegally was presented during the case. As reasoning, the case of Wolf vs. Colorado was cited, which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal search and seizure (Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."), which was already provided for federal cases. The fourteenth amendment (Section 1. "All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.") allows other amendments

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