Mapp v. Ohio

367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961) · 1961

Criminal Procedure Assigned in 2 casebooks

Case brief summary

Rule

If police violate the Fourth Amendment's ban on unreasonable searches and seizures, the evidence they find cannot be used against the defendant in state court.

Facts

Cleveland police forced their way into Dollree Mapp's home without a valid warrant searching for a bombing suspect and found obscene materials, leading to her conviction.

Procedural history

Ohio's trial court convicted Mapp, and Ohio's Supreme Court upheld the conviction even though it found the search unlawful, because no violent force was used against her body.

Issue

Does the federal Constitution require state courts to exclude evidence obtained through an illegal police search, the same way federal courts must?

Holding

Yes, the Supreme Court ruled that states, just like the federal government, cannot use evidence obtained through unconstitutional searches in criminal trials.

Reasoning

The Court reasoned that a constitutional right to privacy means nothing if police can violate it and still use what they find, so the same exclusion rule used in federal courts must bind the states too.

Opinions

Majority (Clark): Held the exclusionary rule is part of the Fourth Amendment right itself and must apply to states, overruling an earlier Supreme Court decision allowing states to admit illegally seized evidence.

Concurrences (Black and Douglas): Black grounded the rule in both the search and seizure amendment and the self-incrimination amendment together, while Douglas stressed the lawless facts and defended deciding the issue now.

Dissent (Harlan): Argued the Court wrongly reached out to decide an issue not properly argued and that states should remain free to choose their own remedies for illegal searches.

Test yourself

Question 1 of 5

What triggered the police visit to Dollree Mapp's home?

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Cold call

The professor turns to you.

What were the facts of this case? Walk me through what the police did at Mapp's house.
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