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MAPP V.OHIO
(1961)
Jake and Will
Facts of the Case
The police of
Cleveland, Ohio
were give
information about
a suspect who was
claimed to have
been in a recent
bombing case.
A couple of police
officers went to her
front door announcing
that she had been a
high suspect in this
crime. She did not let
them come in unless
the police had a
search warrant with
them.
Jake and Will
Facts of the Case
One police stood
there and the
others got a
warrant to search
her house.
Three hours
passed and more
police showed up
at the door with
the search warrant
in hand. When
they tried to re-
enter she did not
answer.
Jake and Will
Facts of the Case
The police
then
knocked
down her
door and
entered her
home.
Mrs. Mapp
demanded
to see the
search
warrant.
Jake and Will
Facts of the Case
The police
flashed the
warrant and she
put the paper in
her blouse.
Police tackled
her down to
recover the
warrant.
They then
handcuffed her
for being
“belligerent”. After
the house wide
search the police
officers could not
find any evidence
of a suspected
bomber.
Jake and Will
Facts of the Case
Mrs. Mapp then
was arrested,
prosecuted and
sentenced for
having illegal
pornographic
material in her
home. At court,
there was no
evidence of a
search warrant.
Though, they did
find pornographic
findings in a
suitcase near her
bed. Mapp
claimed it was not
hers.
Jake and Will
Issue
Does the illegally
obtained evidence
found in Mrs. Mapp's
Home violate the 4th
Amendment and be
acceptable in court?
Jake and Will
Precedents
Olmstead v. U.S.
(1928): The Court
forbade the
introduction of
evidence if obtained
by government
officers through a
violation of the
Fourth Amendment.
Wolf v. Colorado
(1949):The Court held
that in a prosecution in
a State court for a State
crime, the Fourteenth
Amendment does not
forbid the admission of
evidence obtained by
an unreasonable search
and seizure.
Jake and Will
Decisions and Reasoning
The court ignored the 1st
amendment and announced “all
evidence obtained by searches
and seizures in violation of the
constitution is, by the Fourth
Amendment, inadmissible in a
state court.” No government
level could use illegal
evidence in trial.
Jake and Will
Effects and Conclusion
When police search for an
object with a search
warrant and obtain another
object, the individual can
not get arrested.
Jake and Will
Opinion
The search
warrant is
for a specific
object
(Bomb).
If the police find
something else
(Pornographic
Tapes) it should
NOT be legal to
arrest the
suspect.
Jake and Will
Bibliography
http://sites.maxwell.syr.edu/plegal/compule
gal/mapp_v__ohio_precedents.htm
Mapp v. Ohio (1961)
http://www.infoplease.com/us/supreme-
court/cases/ar19.html#ixzz2RI0G4EET
Jake and Will
Jake and Will

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Government HN power point

  • 2. Facts of the Case The police of Cleveland, Ohio were give information about a suspect who was claimed to have been in a recent bombing case. A couple of police officers went to her front door announcing that she had been a high suspect in this crime. She did not let them come in unless the police had a search warrant with them. Jake and Will
  • 3. Facts of the Case One police stood there and the others got a warrant to search her house. Three hours passed and more police showed up at the door with the search warrant in hand. When they tried to re- enter she did not answer. Jake and Will
  • 4. Facts of the Case The police then knocked down her door and entered her home. Mrs. Mapp demanded to see the search warrant. Jake and Will
  • 5. Facts of the Case The police flashed the warrant and she put the paper in her blouse. Police tackled her down to recover the warrant. They then handcuffed her for being “belligerent”. After the house wide search the police officers could not find any evidence of a suspected bomber. Jake and Will
  • 6. Facts of the Case Mrs. Mapp then was arrested, prosecuted and sentenced for having illegal pornographic material in her home. At court, there was no evidence of a search warrant. Though, they did find pornographic findings in a suitcase near her bed. Mapp claimed it was not hers. Jake and Will
  • 7. Issue Does the illegally obtained evidence found in Mrs. Mapp's Home violate the 4th Amendment and be acceptable in court? Jake and Will
  • 8. Precedents Olmstead v. U.S. (1928): The Court forbade the introduction of evidence if obtained by government officers through a violation of the Fourth Amendment. Wolf v. Colorado (1949):The Court held that in a prosecution in a State court for a State crime, the Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure. Jake and Will
  • 9. Decisions and Reasoning The court ignored the 1st amendment and announced “all evidence obtained by searches and seizures in violation of the constitution is, by the Fourth Amendment, inadmissible in a state court.” No government level could use illegal evidence in trial. Jake and Will
  • 10. Effects and Conclusion When police search for an object with a search warrant and obtain another object, the individual can not get arrested. Jake and Will
  • 11. Opinion The search warrant is for a specific object (Bomb). If the police find something else (Pornographic Tapes) it should NOT be legal to arrest the suspect. Jake and Will
  • 12. Bibliography http://sites.maxwell.syr.edu/plegal/compule gal/mapp_v__ohio_precedents.htm Mapp v. Ohio (1961) http://www.infoplease.com/us/supreme- court/cases/ar19.html#ixzz2RI0G4EET Jake and Will

Notas del editor

  1. http://tarlton.law.utexas.edu/clark/mapp_long.html