Pornographic material inside a suitcase
Pornographic material inside a suitcase
Mapp rule
Mapp vs. Ohio
A "Mapp" hearing is a pre-trial hearing on whether or not to suppress a piece of evidence that is going to be introduced at trial. The evidence could be tangible evidence, such as an illegal substance, or intangible evidence, such as a confession.
having obscene books
Mapp v. Ohio
Mapp violated the Fourth Amendment Search and Seizure Clause, which the Supreme Court had decided not to incorporate to the States in an earlier case, Wolf v. Colorado, 338 US 25 (1949).The decision in Mapp allowed the Court to apply the federal Exclusionary Rule to "evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court."Interestingly, the case was originally presented to the Court as a First Amendment question because Mapp had been tried and convicted on obscenity charges, but the justices determined the real issue was the method police used to obtain the evidence used to convict Mapp at trial.Case Citation:Mapp v. Ohio, 367 US 643 (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)
exclusionary rule
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The Exclusionary Rule.Illegally obtained evidence will be excluded from the trial.Although there were cases regarding this issue beforehand, it became "rule" under Mapp v. Ohio.
Mapp vs. Ohio