Mapp v. Ohio (1961): A Case Discussion
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Mapp v. Ohio (1961) (Criminal Procedure: Constitution and Society, 73-76). In this case, the police went to Mrs. Mapp's residence on a tip that a suspected gambler involved in a bombing was residing there. They did not have a warrant so she refused to let them in. After a three-hour wait, they broke in. There was a scuffle for a piece of paper they waved at her at her but no warrant was produced. The police handcuffed Mrs. Mapp and her daughter and confined them to a bedroom while they ransacked the house, looked into all the rooms and into Mrs. Mapp's personal papers and photograph album. The police found obscene books in a trunk in the basement, left there by a previous roomer no longer living in the house. The alleged warrant was never produced at trial and Mrs. Mapp was convicted for possession of obscene books seized during a search of her home. The Ohio courts acknowledged that the books and pictures were "unlawfully seized during an unlawful search of [her] home" but still allowed the evidence to be used, relying on Wolf v. Colorado. The court decided that all evidence obtained in searches and seizures in violation of the Constitution is, by the same authority, inadmissible in a state case. Justice Clark stated that "Since the Fourth Amendment's right to privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Gove
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Some common words found in the essay are:
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Approximate Word count = 857
Approximate Pages = 3 (250 words per page)
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