Mapp v. Ohio case brief summary
(1961, US Supreme Court, Justice Clark)-
(1961, US Supreme Court, Justice Clark)-
Facts: Based
on a vague tip from an informant, the police officers were looking for a
person in connection with a bombing and “policy parapharnelia” in Miss
Mapp’s home. the officers attempted to enter without a warrant, but Miss
Mapp refused to allow them in. The officer’s left, and returned without
a warrant, but this time held up a paper that purported to be a
warrant, but was not. The officer’s found obscene material in her home.
Held: “We
hold that all evidence obtained by searches and seizures in violation
of the Constitution is, by that same authority, inadmissible in state
court.”
Key Points:
· Technically, its not all b/c some people do not have a right to object to use of evidence seized as a result of violation of a 3rd person’s constitutional rights
· Deterrence
is an important feature of the exclusionary rule because the State
should not be able to benefit from the wrong done by its agent.
· This was Mapp’s home as opposed to her office, vehicle, booksack, etc; The officer’s had no probable cause
· The fact that the officer’s may have been correct doesn’t make a difference
· The
nature of the crime is a critical feature of whether the exclusionary
policy should be utilized – court uses cost/benefit analysis
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