We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Mapp V Ohio Essay Paper

Words: 477, Paragraphs: 4, Pages: 2

Paper type: Essay , Subject: Common Law

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 hiding out in their home, which was wanted for questioning in a connection to a recent bombing.

Essay Example on Mapp V Ohio

The officers knocked on Miss Mapps door and demanded entrance into her home, after Mapps denied the officers request; the officers would return 3 hours later with more officer’s demanding entrance into the apartment. The officers broke into the home of Mapp by using a forcible entry. Mapps demanded to see the search Warrant, one of the officers showed her the warrant, but Mapps grabbed it and put it between her bosoms. The officers recovered the warrant and handcuffed Mapp. One of the officers grabbed her and twisted her hand.

Once handcuffed the officers took Mapp upstairs and search her dresser, a chest of drawers, a closet and some suitcases. The officers also looked through her personal papers and photo albums. The officers continued to search the rest of the house with Mapps still handcuffed. At the trial, no search warrant was produced by the prosecution. The Ohio Supreme Court believed that the evidence was not taken from Mapps based by the use of a brutal or offensive physical force against the defendant. Decision:1) The search and entry into Mapps home was unconstitional because the police failed to show the warrant before they entered Mapps Home. ) The court had determined that the federal government may not use such evidence due to the exclusionary rule which forbids evidence gathered illegally to be admissible in court. Judgemnt: The Supreme Court ruled in Favor of Mapp with a 6-3 vote. The court stated that the exclusionary rule also applies to states, meaning that states cannot use evidence gained by illegal means to convict someone. Concurring Opinion: Justice Black states “that the Fourth Amendment alone can be used to prevent illegally obtained evidence from being used in state courts because it is not explicitly stated”.

Don't use plagiarized sources. Get Your Custom Essay on Mapp V Ohio Essay
Just from $13,9/Page

Get Essay

Dissenting Opinion: Justice Harlan stated “In overruling the Wolf case, the Court, in my opinion, has forgotten the sense of judicial restraint which, with due regard for stare decisis, is one element that should enter into deciding whether a past decision of this Court should be overruled. Apart from that, I also believe that the Wolf rule represents sounder Constitutional doctrine than the new rule which now replaces it”. Principle of Law: The exclusionary rules stated that evidence must not be illegal to convict someone in court. Mapp V. Ohio would also replace the Wolf rule.

About the author

This sample paper is crafted by Elizabeth. She studies Communications at Northwestern University. All the content of this paper is just her opinion on Mapp V Ohio Essay and can be used only as a possible source of ideas and arguments.

Check out other papers written by Elizabeth:

How to cite this page

Choose cite format:

Mapp V Ohio Essay. (2019, Nov 27). Retrieved from https://paperap.com/paper-on-essay-mapp-v-ohio/

Is Your Deadline Too Short?
Let Professionals Help You

Get Help

Our customer support team is available Monday-Friday 9am-5pm EST. If you contact us after hours, we'll get back to you in 24 hours or less.

By clicking "Send Message", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
No results found for “ image
Try Our service

Hi, I am Colleen from Paperap.

Hi there, would you like to get such a paper? How about receiving a customized one? Click to learn more https://goo.gl/CYf83b