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Mapp Vs Ohio Essay

1670 words - 7 pages

On 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 attorney. The officers advised their headquarters of the situation and established surveillance of the home over the next few hours. The officers once again sought entrance three hours later when they forced open one of the doors to the home and went inside. It was around this time that miss mapp’s attorney arrived and witnessed the police officers enter the home. In their continued defiance of the law they did not allow Miss Mapp to see her attorney. At one point when the officers entered the hall Miss Mapp stopped them and demanded to see their search warrant. One officer held up a slip of paper claiming it to be a search warrant and Miss Mapp immediately grabbed it and stuck it in her bra. The officers wrestled Mapp to the ground and made her relinquish the paper through a struggle. The police then handcuffed her because she was being “belligerent”. The officers then escorted her upstairs and began searching through her drawers and belongings, even though they were looking for a bombing suspect. The police also looked at her photo albums and some of her personal papers. The search spread throughout the house. It’s possible that during this time they found who they believed was the bomber Virgil Ogletree inside the home. He said that he was there delivering laundry as he owned a dry cleaning business. (The charges against Virgil Ogletree would be later dropped). The police entered the basement of the home. In the basement they found a chest that contained an amount of pornography. The pornography was a few magazines, some photos, and artworks which depicted nudity. This being illegal in the state of Ohio at the time, being lewd and lascivious material, Mapp was arrested and charged with having obscene materials.
In the first trial she was given, the prosecution did not provide the search warrant that was used. The prosecution also failed to state why the warrant was not submitted, In fact the prosecution avoided the subject almost entirely. There was a reasonable belief that there was never a search warrant made in the first place, However the courts convicted her guilty anyways, on the grounds that she had broken the law whether the evidence was legally seized or illegally seized. The court also determined that the evidence had not been taken from the defendant’s person by use of brutal force against the defendant. They also stated that there was no law in the state of Ohio that prevented the use of illegally seized evidence, which was also stated in wolf v Colorado, In which the court held that in...

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