Mapp v
Mapp v. Ohio, 367 U.S. 643 (1961)
Argued March 29, 1961 – Decided June 19, 1961
Mapp’s was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression.
Brief Fact Summary.
Police officers received an anonymous tip about the Mapp’s residents. They arrived at the Mapp’s residence looking for a bombing suspect who was thought to be hiding out in the home and that information regarding the bombing was hidden there. The officers knocked and asked to enter, but Mapp refused to allow them in without a search warrant. The officers left and returned later with what seemed to be a search warrant. When the Mapps failed to answer, officers forcibly entered the residence. The Mapp’s attorney arrived and was told by the police not to enter home to see Mapp’s. The Dollree Mapp demanded to see the search warrant and when presented, she grabbed it and stuffed it in her shirt. There was some struggle to recover the warrant. Mapp’s was then placed under arrest for being belligerent an. The officers then conducted a search of the residence where they collected obscene material.
Issue.
The issue of the case was whether evidence discovered during unlawfully during a search and seizure conducted in violation of the Fourth Amendment of the Constitution shall be admissible in a state court
Holding.
The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions
Decision.
The U.S. Supreme Court voted 6-3 in favor of Mapp. The decision made the exclusionary rule to apply to all law enforce and the United states, not just to Federal offices. the purpose of the rule was to deter police misconduct.
