Mapp Vs. Ohio Essay

1739 words - 7 pages

Mapp v. Ohio (Exclusionary Rule)March 29, 1961Facts:* On May 23, 1957, three police officers arrived at the Mrs. Dollree Maps residence in the city of Cleveland Ohio, while conducting a preliminary investigation the police officers were following a tip that a person was hiding out in the home, and was wanted for questioning in connection with a recent bombing. Police were also tipped off by informants that there was a large amount of policy paraphernalia being hidden in the appellant's home. Map's top floor two-family apartment was occupied by her and her daughter from a previous marriage. When the police arrived on the top floor entrance way, the police commenced on making their presence known with knocking and yelling to gaining access inside. The appellant was home and decided to disregard the police orders, as a result, she called her lawyer whom which instructed her to not let the police in without a warrant.The police were left with a stalemate, the police chief instructed the police officers at the seen to take surveillance of the house until future notice.After a few hours passed, the police on the scene were instructed to try to gain access again by their police chief. Miss Map was not scene as someone that was complying with police and their orders to admit them in, therefore, the police gained access forcibly through one door at the appellant's location. Miss Map's attorney arrived a few hours later at the scene, but was met with resistance to talk to his client, and to gain access to the residence. Miss Map, acting on her lawyer's orders requested from the police a search warrant, as a result, one of the police officers at the seen handed her what seemed to be a warrant. Miss Map confiscated that supposed warrant and hid it in her braw. One of the police officers at the scene saw Miss Map confiscate the alleged warrant, the police officer approached miss map and attempted to retrieve the warrant and a scuffled ensued.The police recovered the alleged warrant and placed Miss Map in custody for being not cooperative and belligerent. In the execution of the alleged search warrant police had man handled Miss Map, causing bruises and pain to her hands and upper portion of her body. Miss Map was then escorted to her upstairs room, where she was made to watch the police go through all her personal items such as; Drawers, suitcases, dressers, photo albums, personal papers, documents. While conducting this ransack of the apartment the investigation led to the basement of the house, as a result, a trunk found in the basement contained "Obscene materials for possession of which she was ultimately convicted were discovered in the course of that wide spread search of the house."Issue:Does the fourth amendment exclusionary rule prohibit admission of evidence obtained by searches and seizures in state courts?Decision:Miss Map was convicted by the states lower court and then the supreme court affirmed there decision of miss map possessing lewd...

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