What Is The Case Of Mapp V. Ohio Case
ABSTRACT
Mapp v. Ohio is a landmark case in criminal procedure of the USA, in which the US Supreme Court decided that evidence obtained by illegal search ad seizure which was against the Fourth Amendment, will not be used in state courts, as well as in federal courts. The Court in Mapp also based its decision on the necessity to protect citizens from police misconduct.
This case overrules the decision in the case of Wolf v. Colorado. The Supreme Court decision in Mapp v. Ohio was quite controversial.
This case also made it necessary for the United States court judges to sign the search warrants.
This project will include the analysis of the case with different opinions as well as the impact that this case had on the United States criminal …show more content…
The facts of the case are as follows, where a person known as Dollore Mapp was living with her daughter when three police officer of Cleveland arrived as she was suspected of a bombing.
When they knocked on her door ans asked her to let them come in, she called her lawyer but, after talking to the lawyer, she did not allow them in without a search warrant. They put surveillance outside her after that.
Then 3-4 other policemen they entered her house and started searching, her attorney who came was not allowed in or let him meet her. When she asked for the search warrant and it was given to her and she placed it in her bosom. This led to a struggle between policeman and her. Police later handcuffed her and searched her entire house. The officers discover certain allegedly “lewd and lascivious” books and pictures.
The Ohio Supreme court convicted her, basing her conviction on he material found by an illegal search and seizure.
But applying the Fourth Amendment on the federal states as well, which protects the from making the evidence obtained by illegal search and seizure inadmissible in the court of law, the United States Supreme Court acquitted her of all …show more content…
Legal theory is instrumental in explaining the various philosophies of the various thinkers and their thinking can be spotted in the constitution and in the mind of its makers. For eg, The theories of Hobbes, Locke and Rousseau. They were the propounders of all social contract theories.
The theory of Rousseau is that all sovereignty belongs to the people, who exercise it by way of an agent, whether he is called a king, or Parliament, or minister or whatever. All these agents are the servants of the people and therefore can be removed by them. The people’s will is supreme.
Locke said that the natural rights are some which cannot be violated by anyone. These natural rights, (eg the slogan “Liberty, equality, fraternity” in the French revolution), were inculcated as enforceable in the constitutions of several countries. Examples include the Bill of Rights in the US Constitution, or the Fundamental Rights of the Indian Constitution.
The court is thus the guardian of the rights of the citizen, and it is their duty to protect
Mapp v. Ohio is a landmark case in criminal procedure of the USA, in which the US Supreme Court decided that evidence obtained by illegal search ad seizure which was against the Fourth Amendment, will not be used in state courts, as well as in federal courts. The Court in Mapp also based its decision on the necessity to protect citizens from police misconduct.
This case overrules the decision in the case of Wolf v. Colorado. The Supreme Court decision in Mapp v. Ohio was quite controversial.
This case also made it necessary for the United States court judges to sign the search warrants.
This project will include the analysis of the case with different opinions as well as the impact that this case had on the United States criminal …show more content…
The facts of the case are as follows, where a person known as Dollore Mapp was living with her daughter when three police officer of Cleveland arrived as she was suspected of a bombing.
When they knocked on her door ans asked her to let them come in, she called her lawyer but, after talking to the lawyer, she did not allow them in without a search warrant. They put surveillance outside her after that.
Then 3-4 other policemen they entered her house and started searching, her attorney who came was not allowed in or let him meet her. When she asked for the search warrant and it was given to her and she placed it in her bosom. This led to a struggle between policeman and her. Police later handcuffed her and searched her entire house. The officers discover certain allegedly “lewd and lascivious” books and pictures.
The Ohio Supreme court convicted her, basing her conviction on he material found by an illegal search and seizure.
But applying the Fourth Amendment on the federal states as well, which protects the from making the evidence obtained by illegal search and seizure inadmissible in the court of law, the United States Supreme Court acquitted her of all …show more content…
Legal theory is instrumental in explaining the various philosophies of the various thinkers and their thinking can be spotted in the constitution and in the mind of its makers. For eg, The theories of Hobbes, Locke and Rousseau. They were the propounders of all social contract theories.
The theory of Rousseau is that all sovereignty belongs to the people, who exercise it by way of an agent, whether he is called a king, or Parliament, or minister or whatever. All these agents are the servants of the people and therefore can be removed by them. The people’s will is supreme.
Locke said that the natural rights are some which cannot be violated by anyone. These natural rights, (eg the slogan “Liberty, equality, fraternity” in the French revolution), were inculcated as enforceable in the constitutions of several countries. Examples include the Bill of Rights in the US Constitution, or the Fundamental Rights of the Indian Constitution.
The court is thus the guardian of the rights of the citizen, and it is their duty to protect