Mapp V. Ohio ( 1961 ) - 1619 Words

Mapp v. Ohio (1961), was a milestone 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,† which cannot be used in the law on the state level or in criminal prosecutions in state courts, and in addition, federal criminal law prosecutions in federal courts (MAPP v. OHIO. They Oyez Project at IIT Chicago-Kent College of Law.) The Supreme Court successfully completed this by use of selective incorporation. In Mapp the association was within the incorporation of the provisions, of the Fourth Amendment which are appropriate only to actions of the federal government into the Fourteenth Amendment due process clause which is relevant to actions of the states. (Mapp v. Ohio, 367 US 643 (1961)) The paper will follow with the facts prior to the issue which led to the arrest of Dollree Mapp, Next it will then go forth with the facts presenting the issue for the case and the courts majority opinion, along with dissenting opinions. Then we look at the political and philosophical context of the case which deal with the individuals rights. Then lastly I will give my own personal commentary, and present the conclusions for the class. Ms. Dollree Mapp was living in Cuyahoga county Ohio, in a residential neighborhood who owned her own home, and lived in a two family house on the second floor with her eleven year old daughter. The Police officers inShow MoreRelatedSupreme Court Cases that Affected Society: The Mapp V. Ohio Case of 1961641 Words   |  3 Pagesstill got away with the crime. It just goes to show there is a flaw in the court system, but again, a different subject. 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 â€Å"evidence seized unlawfully, withoutRead More Mapp v. Ohio Fourth Amendment Case Essay1284 Words   |  6 PagesMapp v. Ohio: Controversy of the Fourth Amendment Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapps house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again soughtRead MoreConstitutional Policing Essay992 Words   |  4 Pagesis clearly broken in the case of Weeks v. United States, it was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. It was not until the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the exclusio nary rule was deemedRead MoreExclusionary Rule: How, When, and Why Was it Established? Essay examples967 Words   |  4 Pagesthat was attained by illegal searches and seizures was allowed (Tinsley Kinsella, 2003). During this period, the protections of the Fourth Amendment were unfilled words to persons condemned until 1914 in the case of Weeks v. United States. In the 1914 landmark case of Weeks v. United States, the Supreme Court created the exclusionary rule and was effectually created to protect people against unreasonable searches and seizures of the federal agents. The Court held that belongings or any evidenceRead MoreMapp Vs. Ohio State1291 Words   |  6 PagesMapp vs. Ohio State(1961) Background: In the Mapp vs Ohio state court case, the issue disputed was when the appellant Dollree Mapp was convicted of possessing â€Å"obscene† materials after an illegal police search of her home for a fugitive. During the year of 1961, Ohio police were looking for a criminal accused of a bombing and had been told that he was hiding in Dollree Mapp s house. Police acted quickly and came to her house but when she didn t answer the door, police officers forced themselvesRead MoreMapp vs Ohio Essay1362 Words   |  6 PagesOn May 23rd 1957, three police officers representing Cleveland Ohio came to the door of Miss Mapp’s residence with the suspicion of a bombing suspect hiding out in her home. Miss Mapp and her daughter lived in a two family two story home. Upon their arrival at the house the police knocked on the door and demanded entrance from Miss Mapp. However Miss Mapp didn’t open the door and instead asked them to provide a search warrant after she called her attor ney. The officers advised their headquartersRead MoreEarl Warren Served As Chief Justice1441 Words   |  6 Pagesfrom 1961 to 1969, Warren Court presided over the criminal justice system in the United States, using the 4th and 14th Amendment to extend constitutional protections to all courts in every State. This is known as the â€Å"nationalization† of the Bill of Rights. In these years, cases pertaining to the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all happen during. The Warren Court s modification in the criminal justice system began with the case of Mapp v. OhioRead MoreThe Effects of the Exclusionary Rule600 Words   |  3 Pagesnumerous problems with its interpretation and has had several exceptions added to it. In 1961, a landmark case Mapp v. Ohio brought further interpretation of the Fourth Amendment. On May 23, 1957, police officers acting on information that a suspect in a bombing case and illegal betting equipment could be found in the residence of Dollree Mapp. The officers then went to the Mapp residence and demanded entrance. Mapp requested to see their warrant to search the house, which they did not have. After watchingRead MoreOhio V. United States in Violations from the Constitution512 Words   |  2 Pagesand it makes it a violation of the fourth amendment. Justice Black mentioned in his concurrence that if something is obtained illegally, it cannot be used again the appellant. The Boyd’s case was not the only case mentioned in the Mapp v. Ohio opinion. Additionally, Weeks v. United States (1914) was a case that determined the warrantless seizure of items from an individual is a violation of the Fourth Amendment. The police seized a few papers from Freemont Weeks’s home and he was charged with transportingRead MoreThe Legal Rule Of The Court Essay1585 Words   |  7 Pagespossibly cause a prosecutor to lose their case in court and hinder them from delivering justice. The Supreme Court case that originally created the exclusionary rule was Weeks v. United States (1914). In this case, Freemont Weeks was arrested on December 21, 1914 and convicted of transporting lottery tickets through the mail (Weeks v. United States). He was arrested at the Union Station in Kansas City, Missouri where he was currently employed. Police took him into custody and that is when actions that