Mapp V. Ohio Summary

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Pages: 3

Case Brief
Mapp v. Ohio, 367 U.S. 643 (1961)

Facts: In response to a reported presence of a potential bombing suspect that was thought to be living in Dollree Mapp’s residence, Ohio law enforcement officials forcibly entered Mapp’s home without consent. The police officials initially requested to enter her house to search for the bombing suspect, equipment, and gambling equipment. Upon learning about it, Mapp consulted her lawyer about it. Mapp declined the request of the police officers without a search warrant. After Mapp demanded for the search warrant, an officer showed her a paper alleged to be a search warrant. Mapp took it and placed it under her shirt. The police struggled with Mapp as they tried to recover the alleged search warrant. They placed her under arrest for being aggressive and uncooperative. As law enforcement officers searched the inside of her house, books and photos described as lewd and obscene material under Ohio law were taken into evidence even though it was obtained illegally. Mapp claimed that the pornographic materials belong to a previous tenant. The police officers were not able to find the bombing suspect or any evidence of their suspicion. Mapp was prosecuted and found guilty by the Cuyahoga County Ohio Court for possession of the pornographic materials found her house even though it was an illegal search and seizure and clearly a violation of the Fourth Amendment to the United States Constitution.
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The decision was affirmed by the Ohio Court of Appeals. Mapp appealed the conviction to the Ohio Supreme Court, which supported the conviction although it recognized a sensible reversal argument since the materials and evidence was obtained illegally. Mapp took the case to the United States Supreme Court and stated that her conviction was a result of illegal search and seizure.

Issue