A person was wanted for questioning about a recent bombing; this person was hiding in a two-family dwelling. Mapp, the owner on the top floor, refused to let the officers come in without a search warrant. After Mapp refused to immediately let the officers in they broke the door’s glass open and then unlocked and opened the door from the outside. Mapp’s attorney showed up, but the officers wouldn’t let him see his client or go inside the house. Mapp demanded the search warrant. The officer help up a paper claiming to be the warrant and Mapp put the apper in her bosom. Then the officer struggled to retrieve the paper, which he eventually recovered. Mapp was handcuffed for resisting the officer. The officer searched the entire house but all that was recovered was “lwed and lascivious book and pictures”. She was then convicted for having them in her possession.…
The city of Martinsburg West Virginia was founded in 1778 by General Adam Stephen during the Revolutionary War, the city name comes from the late Colonel Thomas Bryan Martin (Martinsburg Police Department.) Berkeley County established its first Sheriff’s Department in 1865, this branch off came from Frederick County, Virginia when Berkeley County became part of West Virginia (Berkeley County Sheriff Department.) From 1865 to 1870 John W. Pitzer served as the first Sheriff and only twenty-nine men have been elected since that time (Berkeley County Sheriff Department.)…
This case brings the question up of was T.LO's rights broken or not. The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. T.L.O is the person who sued because she felt that the contents in her bag were only found because it was searched unlawfully. In Juvenile Court it was decided that there had been no Fourth Amendment violation. T.L.O was searched without probably cause of any illegal activity. The fact that she was smoking cigarettes in school have the principle no reason to think she is dealing marijuana.…
Although an arrest warrant was procured against the petitioner, he claims that the evidence seized from his home was done so without a search warrant, violating his 4th Amendment rights.…
When conducting his sociological study on police, Westley faced several difficulties getting the police to cooperate. Most of the time the police officers ignored Westley and refused to talk to him, nonetheless sit down to have an interview with him. On one occasion Westley observed a patrol sergeant come into the precinct and spout off delightment with himself stating he had just helped a woman with carrying her packages to her car. Upon further analysis of officers’ field notes, Westley noticed that there were a series of miniature incidents where the officers expressed an excessive amount of pleasure in aiding someone. Westley quickly rationalized that these expressions of pleasure and delightment from police personnel was due to the fact…
Twenty- five year old Freddie Gray lost his life on April 19th, 2015 due to the cruel treatment of police brutality. Gray was arrested on a weapons charge in a high-crime area of Baltimore. He was harshly shoved, pushed carelessly, dragged and then thrown into the back of a white van by six police officers. Spectators say that he was beaten inside of the van as well, due to moans and screaming being heard in the surrounding area. Gray suffered with asthma resulting in his having trouble breathing while in the police van. He begged and pleaded for his inhaler because of the lack of oxygen and was unreasonably denied.…
Ohio we are instead dealing with state constitutional law and not on the federal level. On May 23, 1957 three officers arrived as a two family dwelling in which Miss. Mapp resided on the second floor with her daughter from a previous marriage. The police were at the residence in search of a person of interest in a recent bombing and information pertaining to the bombing. The police made illegal entry into Miss. Mapp’s home and with her in custody began to search her home. There were claims of excessive force and Miss. Mapp was not allowed to speak with her attorney whom was on scene when police entry was made. Evidence was collected from various locations around Miss. Mapp’s home and she was placed under arrest. Even at her trial no search warrant was produced nor was there an explanation as to why one could not be produced. The state of Ohio claimed even if the search were made without authority, or otherwise unreasonably, it is not prevented from using the unconstitutionally seized evidence at trial. (MAPP vs. OHIO, 1961) The state cited Wolf vs. Colorado in which the courts found “that in a prosecution in a State court for a State crime the Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure." (MAPP vs. OHIO, 1961) If the case had been tried in a federal court the evidence obtained in the search would not have been admissible, however since it was tried on the state level the exclusionary…
Facts: Hollis D. King was arrested after a search of his apartment. Local police department officers had probable cause to force entering and searching King apartment. Incident to search and arrest stemmed from a strong odor of what appeared to be burning illegal narcotics. Prior to entering the apartment, Police Officers knocked on the door and announced their presence. The occupants in the apartments did not respond. Under the suspicion of valuable evidence being destroyed the officers forced entering into the apartment. As the officers entered the apartment the odor of the burning substance became stronger. The smell of the burning substance created the exigent circumstance in the probable cause and the case at trial. Without a warrant,…
The New Orleans Police Department (“Department” or “NOPD”) is a local law enforcement agency that provides police services to the City of New Orleans (“City”). Formed in 1796, the Department is headquartered at 715 South Broad Street, New Orleans, Louisiana 70119 and has over 1,200 personnel. The NOPD is committed to Community Oriented Policing to accomplish its mission.…
One does not expect to leave their house and have a stranger barge into their home and rummage through their belongings. This is the situation that Petitioner David Fallsbauer found himself in with not a stranger, but a highly esteemed officer of the law, whom unreasonably dissected his possessions. Under the Fourth Amendment of the Constitution of the United States, citizens are protected against the unbridled and unreasonable searches and seizures. One exception is through consent to the search. Schneckloth v. Bustamonte, 412 U.S. 218, 219 (9th Cir. 1973). Petitioner David Fallsbauer can demonstrate through established case law that the consent his mother gave was ambiguous. Because his mother’s consent was ambiguous, the consent was not…
The land mark Supreme Court ruling on Mapp v Ohio changed the way people thought of the fourth amendment and how it could be applied to protect the individual form unlawful search and seizure. Previously the law surrounding the fourth amendment’s protection from unjust searches was extremely enigmatic. Its application varied form case to case until the Weeks rule was enacted in 1914. The Supreme Court ruled that evidence obtained via an illegal search and seizure was not admissible in federal court. However the Supreme Court did not make the states adopt the Weeks rule. The legal loop hole it created made it legal for states to present and prosecute with evidence detained in an unconstitutional tactic. In Mapp v Ohio a case that brought all the questions into the spotlight. On May 23, 1957, three Cleveland police officers arrived at appellant's residence in that city perusing information that "a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home." Ms. Mapp was living with her daughter when the police officers arrived and demanded entrance to her home. After consulting her attorney she did…
On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Mapp refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers. Brandishing a piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled with Mapp and took the piece of paper away from her. They handcuffed her for being “belligerent.”…
To understand the impact of Terry v. Ohio, I feel it is important to first review the Fourth Amendment. The Fourth Amendment was established so citizens would not have to suffer unreasonable search and seizures like they did under British Rule. The Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.…
On May 23, 1957, police officers in Cleveland Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Dollree Mapp refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two officers returned with several officers. Showing a piece of paper they broke in the door. Dollree Mapp asked to see the warrant and took it from an officer, putting it in her dress. The officers struggled with Mapp and took the piece of paper away from her. They handcuffed her for being belligerent. They did not find the bombing suspect or the gambling equipment. They did however, find pornographic material in a trunk in her basement. She was arrested, prosecuted, and found guilty for possession of pornographic material. Mrs. Mapp and her attorney appealed this decision…
Navigating the Fourth Amendment and the law of warrantless searches and seizures largely involves case law rather than statutes, and today’s principles are the results of more than 200 years of judicial evolution. The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document has been the topic of many debates and has gone through many changes and clarifications throughout the years. The Fourth Amendment of the constitution is one of the most debated amendments.…