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Mapp vs. ohio supreme court ruling
Mapp vs. ohio supreme court ruling
Mapp vs. ohio supreme court ruling
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On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth …show more content…
Ohio began on May 23, 1957, in Cleveland, Ohio after three law enforcement officers arrived at Mapp’s home. These law enforcement officers believed that Mapp’s was hiding a suspected bomber in her home, and large amounts of policy paraphernalia. The law enforcement officers demanded that she let them into her home in order to pursue the bombing suspect. Mapp’s refused their entry because they did not have a valid search warrant. Later that day, law enforcement officers returned to Mapp’s home, but with the ill intent of taking matters into their own hands. They presented Mapp’s with a fabricated search warrant, which they refused to let her keep for her attorney. They continued to bombard their way into Mapp’s home in pursuit of the bombing suspect. The law enforcement officers did not find the bombing suspect, but did find a trunk full of obscene photos in Mapp’s basement (Mapp v. Ohio (1961)). Mapp’s was arrested, charged, and convicted by the Cuyahoga County Ohio Court of possessing lewd, lascivious, or obscene books, pictures, and photographs even though the search and seizure were unlawful. Mapp’s initially appealed her conviction based on violations of her First Amendment rights of freedom of expression because it was her right to have those obscene photos in her possession. Her appeal was later focused on the search and seizure violations of her Fourth Amendment right. Her appeal made it to the Supreme Court of the United States (Mapp v. …show more content…
United States, the Court concluded that in order to protect the citizen’s Fourth Amendment right to be free from unreasonable searches and seizures, illegally seized evidence must be excluded in federal trials” (Gardner & Anderson, 2016, p. 215). The key phrase in this statement is “federal trials” because this indicates that the state courts did not have to adopt the exclusionary rule, and could still admit illegally seized evidence in their state-level court systems if they so pleased it. Unfortunately for Mapp’s, the state of Ohio did not adopt the exclusionary rule until later, which leads to me her arguments. Mapp’s argued that any evidence that is obtained illegally should be inadmissible in court. She further argued that the exclusionary rule or the Fourth Amendment rights should apply to all criminal prosecutions, including state
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
Also another fact one of the justices, Justice O’Connor disagreed with the outcome of the case. She said it was called a, “Cursory Inspection” she went on saying the officers could do the search based on reasonable suspicion that the object was evidence of a criminal activity.
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
After arriving at Miss Mapp’s residence and failed to gain permission to enter the residence the three Cleveland police officers should have gone to the DA and retrieved a real search warrant. The fact that they tried to pass off a piece of paper as a search warrant is useless and everything that they find cannot be used against her in court. All of the paraphernalia regarding the bombing that they found is useless because of the pursuant search warrant. Because Miss Mapp did not answer the door when they came back they forced their way into the house and conducted an illegal search. When Miss Mapp’s attorney arrived the police officers would not let the attorney into the house. When Miss Mapp grabbed the purported search warrant the police officers struggled with her to retrieve it and did. Miss Mapp was then placed under arrest as the police conducted a widespread search of the residence wherein obscene materials were found in a trunk in the basement. Miss Mapp was convicted of possessing these material...
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.
Due to Ohio law, Mapp was arrested on violation charges of owning “obscene material.” This led her through a battle of the courts against the state of Ohio. Furthermore, Mapp vs. Ohio led to some significant constitutional changes as well. The more prominent stakes of the case were the exclusionary rule, and the 4th amendment. Dollree Mapp’s rights were at stake along with the rest of the public. At the time of the case unlawfully seized evidence was banned from federal courts but not state courts.
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
One exception to the warrant requirement of the Fourth Amendment is a search incident to a lawful arrest. A search incident to lawful arrest requires a valid arrest as a foundation for conducting a search following an arrest (Ingram, 2009). In this particular type of arrest, a police officer will first begin the process by obtaining full control over an individual. Once the officer obtains full control over the individual he or she will then determine where, when, and how the person will either move from or stay in a particular area (Ingram, 2009). The next move is for the officer, after detaining the individual in question, is to then search the individual to find incriminating evidence. It is important to note that this type of search is actually permitted under the law.
In the case Bumper v. North Carolina, Wayne Darnell Bumper was charged and arrested on charges of rape and assault on a child. While the police officers were investigating the case they searched Mrs. Hattie Leath- Bumper’s grandmother‘s home- where he was living at the time. Mrs. Leath consented the police to search her home after the officers said they had a warrant, which they did not have. The officers found a rifle in the kitchen and proceeded to take the gun in as evidence. The rifle was then introduced into Bumper’s trial as evidence. The trial court allowed the gun to be entered in as evidence because Leath gave consent to the officers to search her home.
...’ testimony at trial. This rule has played a big role in the American system like in the case of Mapp V. Ohio. Ohio police officers had gone to a home of a women to ask her question about a recent bombing and requested to search her house. When she denied them access, they arrested her and searched her house which led them to find allegedly obscene books, pictures, and photographs.