MAPP V. OHIO 367 U.S. 643 (1961) Ms. Dollree Mapp and her daughter lived in Cleveland‚ Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp’s house‚ the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers‚ the police again sought entrance
Premium
Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
Premium United States Constitution Law Exclusionary rule
Title: Mapp v. Ohio Legal Citation: 367 U.S. 643‚ 81 S.Ct. 1680‚ 6 L.ED.2d. 1081 (1961( Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio. Statement of key Issues: 1) was the search of Mapps home a violation of the fourth amendment? 2) Was the evidence used against Mapps in court illegal? Facts: On May 23‚ 1957‚ three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone
Premium United States Constitution Fourth Amendment to the United States Constitution Supreme Court of the United States
Mapp v. Ohio‚ 367 U.S. 1081‚ 81 S. Ct. 1684‚ 6 L. Ed. 2d 1081 (1961) Facts: On May 23rd‚ 1957‚ three Cleveland police officers arrived at the home of Mrs. Mapp with 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’. Mrs. Mapp and her daughter lived on the top floor of the two-family dwelling. Upon their arrival at that house‚ the officers
Premium Fourth Amendment to the United States Constitution United States Constitution Exclusionary rule
CRJU 310 Judge Oberholzer April 12‚ 2009 Mapp v. Ohio * Mapp v. Ohio * 367 U.S. 643 * (1961) * Character of Action Mrs. Mapp was found guilty and sentenced to prison 1-7 years. Mrs. Mapp and her attorney took the case to the Supreme Court in Ohio. * Facts: Three police officers went to Dollree Mapp’s house asking permission to enter into her house‚ because they believed that she was hiding a fugitive in her home. When she did not allow the police officers
Premium Jury United States Constitution Supreme Court of the United States
Mapp v. Ohio‚ noteworthy court case of 1961. The US Supreme Court decided that when the state officers attained evidence through illegal searches and seizures might not be admissible into criminal trials. The case was about a Cleveland lady‚ Dolly Mapp‚ who was held for having obscene materials. Law enforcement had learned the materials in Dolly Mapp house during their illegal search. When the state convicted‚ Dolly Mapp appealed to the U.S. Supreme Court. Her argument was that her constitutional
Premium Supreme Court of the United States United States Constitution Fourth Amendment to the United States Constitution
Should the Exclusionary Rule be Abolished? Since the introduction of the exclusionary rule‚ many debates have raged about whether or not it should be in place in our justice system. The exclusionary rule was set in place to protect citizens’ Fourth Amendment rights against illegal searches and seizures. As a result of the induction of this rule‚ law enforcement throughout the country has been affected and changed. Personally‚ I do not believe that the exclusionary rule should not be excluded from
Premium
The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
Premium Supreme Court of the United States United States Constitution Exclusionary rule
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
Premium Supreme Court of the United States United States Constitution Fourth Amendment to the United States Constitution
1 Exclusionary Rule Evaluation The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. It is also a right to be free from unreasonable searches and seizures by the Fourth Amendment. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Some other exceptions to the exclusionary rule are: (1) a second‚ unpoisoned/untainted
Premium Law Jury Exclusionary rule