Mapp v. Ohio and the Fourth Amendment

762 Words2 Pages

The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine. In the fact pattern provided, Mark Quickdraw, a detective is conducting an investigation case whose main mission is to capture a drug dealer named Sally Martin. Detective Quickdraw relies on what he heard about the drug dealer. That leads him to believe that she will be selling cocaine in the street she lives in. In connection to his belief, that shows the reasonable suspicion he had towards the drug dealer. Followed by reasonableness, he sends an informant Sneak Pete to her residence with police money in attempt to buy cocaine. The informant comes back and hands over a small bag of cocaine he obtained from a man in the residence. He also informs the detective that he suspects the drug dealer to be having amounts of drug since he observes a white plastic bags and digital scales. Not satisfie... ... middle of paper ... ...for the Court. This leads explanations leads to the conclusion that there are implications of being part of the criminal justice system. The exclusionary rule along with other justice terms such as the fruit of the poisoned tree force police and other law enforcement members to obtain evidence properly and in respect to the Due process. According to the textbook Criminal Justice in Action, any arrest or seizure is unreasonable unless is supported by probable cause (Gaines, 2011). More than probable cause, police officers should rely on facts and circumstances that will lead them to arrest the individual accordingly. Works Cited Britz, M. T. (2008). Criminal Evidence. Boston, MA: Pearson Education. Gaines, L. K. (2011). Criminal Justice in Action. Belmont, CA: Wadsworth, Cengage Learning. Worral, J. L. (2012). Criminal Procedure. Dallas, TX: Pearson Education .

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