Mapp V. Ohio And The Fourth Amendment

918 words - 4 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 satisfied with that evidence, Quickdraw requests a search warrant. He is told to wait, but his desperation grows even more as he sees two men entering her house. He responds to an immediate backup. Without a search warrant, his men enter finding a handgun and a baggy of heroin in her nightstand. Sally Martin is charged for gun possession due to a past felony and the possession of heroin. The highlight of the case is when her attorney deciphers that the evidence should be suppressed due to the violation of her Fourth Amendment.
In connection to the Quickdraw’s case, Mapp v. Ohio gave importance to the Fourth Amendment. The case was about illegal search and seizure conducted by police officers. According to the textbook, Criminal Evidence, Cleveland police officers kicked open the front door of Dollree Mapp’s residence (Britz, 2008). She requested a warrant from the police and they showed her a paper that stated a warrant. She placed it on her shirt and the police forcibly recover the paper from her. She was arrested and her...

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