Name of the Case: Mapp vs Ohio Year of the Case: June 19 1961 Appellant (Plaintiff)



Download 4.75 Kb.
Date31.05.2016
Size4.75 Kb.

Period 1 Madison

Maddie


Talia

Ivy


Mapp vs. Ohio

1961
Name of the Case: Mapp vs Ohio


Year of the Case: June 19 1961
Appellant (Plaintiff): Dollree Mapp
Appellee (Defendant): Ohio
Facts of the Case: Occurred in Cleveland, Ohio when police officers illegally searched Dollree Mapp’s house for an escaped fugitive. Mapp was convicted of having obscene material, but she appealed her conviction claiming freedom of expression, and the exclusionary act
Decision of the Lower Court: Mapp was found guilty and convicted at original court
Legal Aspects of the Case: 4th amendment-protection from “unreasonable searches and seizures”

  • Was the search of Mapp's home legal?

  • Was the evidence valid under State law and criminal procedure?

    • -violation of 4th Amendment


Decision of the Supreme Court: The U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts. The majority of `justices found that Ohio was compelled to throw out the evidence found in Mapp’s home because it was a violation to the 4th Amendment.
The Rule of Precedent: “Bigger than a breadbox” rule: “unreasonable” searches under a warrant will lead to the Exclusionary Rule

-Cannot look for a person in something that is smaller than the size of a breadbox


Share with your friends:




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page