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
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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
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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
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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
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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
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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
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1. Mapp v. Ohio‚ 170 Ohio St. 427‚ 166 N. E. 2d 387‚ reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said‚ “even if the search were made without authority‚ otherwise unreasonably‚ it is not prevented
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Fact: Terry Teacher is scared of his student Lenny Loner. He was warned by a former teacher of Lenny Loners behavior‚ of how he kept to himself‚ acted strangely‚ mumbled to himself‚ and argued. Lenny was asked to write a short story‚ and he wrote a story about an unpopular student who went on the Internet‚ got information about how to make a bomb‚ and blew up the school building . Terry was concerned and and spoke to Lenny briefly. Lenny explained that it was just a creative writing assignment
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1. Explain the exclusionary rule and the fruit of the poisonous tree. How does this rule impact police officers? Please provide at least one real-world example in your answer. When police collect evidence that is related to a crime illegally‚ or against the defendant’s rights by unreasonable search and seizure‚ it is inadmissible in court; even if the seized evidence happens to be highly incriminating‚ such as a murder weapon. This is called the Exclusionary Rule. Additionally‚ if that evidence is
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Case: Brandenburg V. Ohio Year: 1969 Facts: Clarence Brandenburg‚ a leader of an Ohio affiliate of the Ku Klux Klan‚ asked a reported to attend a KKK rally and cover the event. The reporter attended with a camera crew and filmed the rally that took place. Twelve white hooded figures‚ including that of Brandenburg’s‚ were seen with a wooden cross that was burned‚ and Brandenburg the said‚ “We’re not an revengent organization‚ but if our President‚ our Congress‚ and our Supreme Court‚ continues to
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