This website uses cookies to ensure you have the best experience. Learn more

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...

Find Another Essay On Mapp vs Ohio

Mapp v. Ohio and the Fourth Amendment

918 words - 4 pages , 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

The Fourth Amendment Essay

601 words - 2 pages searching property without probable cause. Law enforcements can only search with a reason and after a search warrant has been written by the judge. The Fourth Amendment is part of the Bill Of Rights that are civil liberties not even the government can violate. However just because there are laws, doesn?t mean they haven?t been violated.The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century that violated the

Fourth Amendment

1206 words - 5 pages required. Probable cause must be present. Additionally, the official seeking the warrant must swear the information provided for the warrant is true and specify where the search will be conducted. Lastly, the warrant must state what officials are looking for in their search. There have been a few cases that the rights of search and seizures have been violated. Two cases include the cases of “Mapp vs. Ohio” and the case of “Minnesota vs. Dickerson

Supreme Court Cases

1211 words - 5 pages -incrimination' are followed." Supreme Court case 26 pg. 69 (info you provided) Bibliography Brown Vs. Board of education Plessy Vs. Ferguson Ex Parte Milligan Miranda Vs. Arizona Mapp Vs. Ohio

4th Amendment

1095 words - 4 pages who is seized. In the case Mapp v. Ohio 1961, police entered a Mapp?s home thinking that will find evidence of illegal gambling. While searching the house they found no evidence of gambling, but did find dirty magazines. Mapp was arrested and charged with having obscene materials. After being sentenced to jail the Supreme Court decided that the evidence was illegally obtained, because of the exclusionary rule. Within recent years the court has

Search and seizure

1162 words - 5 pages was obtained during an unlawful search, it cannot be admitted and must be dropped due to the exclusionary rule. The trial case of Mapp vs. Ohio declared that all evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a criminal trial in a state court. As a result, “[t]he Exclusionary Rule prevents the government from using most evidence gathered in violation of the United States Constitution…applies to

stop and frisk

3171 words - 13 pages police a law worth obeying.” Richard Kuh expressed this idea to the New York State legislature during a hearing in January of 1962. This in response to the Supreme Court ruling in the Mapp vs. Otto case. The ruling barred unlawfully seized evidence from admission in state criminal proceedings. In this particular case the police forcibly entered Dollree Mapp’s residence after she told them they were not allowed to enter. While in the residence

US Political System

5179 words - 21 pages U.S. Supreme Court created the exclusionary rule out of necessity. They deemed that it was the only method to enforce the protections of the 4th amendment. The Supreme Court originally created the exclusionary rule in the case of Weeks vs. US in 1914. This case only applied the exclusionary rule to defendants being prosecuted in federal court. The Supreme Court later expanded the protection to defendants in state court in the case of Mapp vs

When the Bubble Burst

1539 words - 6 pages By the time I arrived state side from my second tour in the Middle East the housing bubble had already burst. I noticed a drastic change in the way that many of my friends and family were living. Several of my friends that worked in real estate had sold their boats and seconds houses. My own stock portfolio had lost a third of its value. My sister and her husband had defaulted on their home mortgage leaving them scrambling for a place to live. I

phase diagram

4456 words - 18 pages 348.8 K Relative Error 3.4 7.7 0.6 0.1 1.2 Table 1 Summary of results. A = Naphtalene, B = Durene Figure 1 Phase diagram of (Naphtalene/Durene) system via thermal analysis Figure 2 Phase diagram of (Naphtalene/Durene) system via visual analysis Figure 3Experimental data vs fitted data for runs (1 to 6) Figure 4 Experimental data vs fitted data for

Revolutionary Work of Art

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art

Similar Essays

Mapp Vs. Ohio Essay

1739 words - 7 pages matter how someone gains the evidence to prosecute a criminal; the only thing that should matter is weather the person did it or not end of discussion.Implications:Map vs. Ohio in my view transformed police practices and culture nationwide. Even though the original idea of the exclusionary rule originated in Weeks vs. United States, Mapp vs. Ohio was a far more infamous case do to the broad reach of the rule to different cases. To skeptics, the

Mapp Vs. Ohio: Illegal Search And Seizure

1198 words - 5 pages Mapp vs. Ohio: Illegal Search and Seizure The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Dollree Mapp

Mapp V. Ohio Essay

1717 words - 7 pages , not totally abolish ones rights. It is a very controversial issue, with a not so clear solution. Since 1961, the controversial case of Mapp vs. Ohio, the Exclusionary has been in tact. Since then, Americans have grown accustomed to it within the past 39 years. However, the argument can be made that less protective rights should be given to suspected criminals and more to the police officers that are patrolling the streets and trying to keep the

Mapp V. Ohio Essay

789 words - 4 pages way she should have gone to prison for the evidence that they found. And this should stand as a reminder for future police officers that they need to follow all the rules set forth by the 4th amendment and stop this from happening again. Just to save some paperwork the police officers cost them to lose this case and someone who should be in prison is free to do this again.  References Works Cited Mapp v. Ohio | Casebriefs. (n.d