Mapp v. Ohio, 367 US 643 (1961), was a Fourth Amendment case that had its procedural roots in a 1914 US Supreme Court decision protecting defendants' rights against illegal search and seizure in federal cases, but had never been extended to the States.
In 1914, in the case Weeks v. US, the Supreme Court held that evidence obtained as the result of an illegal search and seizure could not be used in court. This "exclusionary rule" originally applied only to the federal government, a decision upheld in Wolf v. Colorado, (1949). In a 6-3 decision in Mapp v. Ohio, the Warren Court overruled the Wolfprecedent and incorporated (applied) the Fourth Amendment to the states, holding that the security of "one's privacy against arbitrary intrusion by the police . . ." is "implicit in the concept of ordered liberty."
Justice Tom C. Clark, who wrote the opinion of the Court, quoted from the opinion in Weeks v. US: "If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution."
Clark noted that the decision not to incorporate the Fourth Amendment to the states in 1949 was predicated on Colorado's forceful argument that police abuse of power occurred too infrequently to merit federal government intrusion. Clark went on to quote later decisions in state courts that concluded Fourth Amendment abuses were so rampant, no other remedy worked to check unreasonable search and seizure except applying the "Weeks (exclusionary) rule."
[The purpose of the rule] "is to deter -- to compel respect for the constitutional guaranty [of privacy] in the only effectively available way -- by removing the incentive to disregard it."
In his concluding remarks, Clark acknowledged the potential for criminals to benefit from technical mistakes: "The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
No, never.
exclusionary rule
Precedent precedentprecedent
precedent
Miranda v Arizona was the case that set the precedent that verbal warnings must be given to a suspect during arrest.
olmstead v. united statesGoldman v. United States (316 U.S. 129 (1942)).
Mapp v. Ohio and Terry v. Ohio YES ITS IS BUT NOT REALLY, ITS THE CASE HELD IN SCHOOL WHERE TEACHERS SEARCHED HER WITHOUT ANY LEGAL NOTICE CALLED AS "PROBABLE CAUSE".
The parties in Mapp v. Ohio were Dolree "Dolly" Mapp, the petitioner/appellant, and the State of Ohio, the respondent/appellee.Case Citation:Mapp v. Ohio, 367 US 643 (1961)For more information, see Related Questions, below.
Mapp v Ohio, 367 US 643 (1961)Mapp v Ohio didn't change the Constitution, it simply incorporated the Fourth Amendment to the states, requiring them to adhere to that portion of the Bill of Rights and to follow the "exclusionary rule" established in Weeks v US, (1914).For more information, see Related Questions, below.
exclusionary rule
Mapp v. Ohio, 367 US 643 (1961)Dollree Mapp was African-American.To view a picture of Dollree Mapp, see Related Links, below.
Loose constuction.
The Appellant, or Petitioner, in Mapp v. Ohio was Dolree "Dolly" Mapp, a Cleveland woman convicted of possessing obscene materials after police conducted an illegal search of her home because they thought she was harboring a suspect in the bombing of legendary boxing promoter Don King's home. The Appellee, or Respondent, was the State of Ohio, which was defending a challenge of the state statute under which Mapp was convicted as being constitutionally overbroad under the First Amendment.The Fourth Amendment issue was introduced in an Amicus brief written by the ACLU, and not argued as part of the case before the Supreme Court.Case Citation:Mapp v. Ohio, 367 US 643 (1961)For more information, see Related Questions, below.
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There are no other 'related' cases. The US Supreme Court only takes one representative case for review when considering the constitutionality of a law. If, indeed, there even were other cases, ONLY the Mapp v. Ohio case was chosen.
Mapp v. Ohio, 367 US 643 (1961)The case was argued on March 29, 1961. The US Supreme Court released its decision on June 19, 1961.For more information, see Related Questions, below.
The primary result of Mapp v. Ohio, (1961) was that the US Supreme Court incorporated the Fourth Amendment to the States and applied the Exclusionary Rule originally established in Weeks v. US, (1914). The Exclusionary Rule prohibits the prosecution from using evidence obtained illegally (in this case, as the result of wrongful search and seizure) to convict the defendant.More InformationDollree Mapp won her US Supreme Court case, Mapp v. Ohio,(1961), by a vote of 6-3, and her conviction for possession of pornography was vacated, ending the seven-year prison sentence Ohio imposed in 1958.Although Mapp's attorney argued originally argued the Ohio law under which Mapp was convicted was unconstitutional because it was overbroad and infringed on her First Amendment rights, the Supreme Court ultimately decided the case on the basis of a Fourth Amendment search and seizure violation, incorporating that Amendment to the states and extending the federal "exclusionary rule" to prohibit illegally obtained evidence from being used against the defendant in court.Case Citation:Mapp v. Ohio, 367 US 643 (1961)