Mapp vs Ohio (1961)
By: Arron Ferguson
Ignacio Leibas
Summary
After being illegally searched, police found ‘obscene materials’ in the home of
Dollree Mapp. Her plea of appeal was on the basis of the right of expression given
to her in the first amendment of the U.S. Constitution.
Constitutional Issue
The police illegally searched Mapp’s house without a
warrant. The 4th amendment say that you are
protected from “unreasonable searches and seizures”.
The police officers entered the house looking for a
bombing suspect or betting equipment without her
permission and without a warrant. They didn’t find
either or but found some pornographic material in a
suitcase by her bed and it was used against her in
court. She was found guilty even they found this
evidence illegally. This completely contradicts the 4th
amendment and the “nationalization” under the Bill of
Rights 14 amendment.
The Court’s Decision
The court brushed aside the 1st amendment issue for the larger
issue of the illegal search of her home. The court ruled in a 6 in
favor and 3 not in favor that “all evidence obtained by searches and
seizures in violation of the Constitution is by [the Fourth
Amendment], inadmissible in a state court.” Mapp was free to go as
she had been convicted of illegally obtained evidence. This decision
set forth new requirements in courts to exclude any and all illegally
obtained evidence.
References
"Mapp v. Ohio." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Nov 20, 2015. <https://www.oyez.org/cases/1960/236>
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http://www.infoplease.com/us/supreme-court/cases/ar19.html
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