...later Cleveland police received an anonymous tip that a suspect in the bombing, Virgil Ogletree, was hiding in the home of Dollree Mapp. Sergeant Carl I. Delau, Officer Thomas J. Dever, and Officer Michael J. Haney, officers of Cleveland Bureau of Special Investigation, surrounded Mapp’s home and asked to be let in but could not produce a search warrant. Mapp contacted her lawyers and they advised her to let them in if they provided a warrant. When Lieutenant White arrived at the scene all other police personnel believed that they now had a warrant so they forced entry into Mrs. Mapp’s home with a falsified warrant. They searched...
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...Carmen Cabresita 8/4/13 AJS/502 Mapp v. Ohio Mapp v. Ohio The Supreme Court case of Mapp v. Ohio was heard in 1961 and originated in the local courts of the State of Ohio. This case plays an important role currently in our court system because it focuses on the warrant, search and seizures, Exclusionary Rule, Due Process and the 4th Amendment. This has molded every aspect in which the police agencies and the government as to how they can retrieve any incriminating evidence from any potential offender in the United States thru our criminal justice system. Mapp v. Ohio (Plaintiff) is unique because this case challenged the Constitution and the Bill of Rights at the Supreme Court level. This case also challenged a police department because it was also able to show that at times the police officers are not meeting the criteria of which a warrant must be served on an individual. The police officers in this case had served a questionable warrant to Ms. Mapp that should have been for another individual within the same residence. The officers were attempting to incriminate MS. Mapp with evidence not pertaining to her in hopes of holding someone liable. The person in question that they were investigating no longer lived at that residence. As it turned out the warrant that was served was a bogus one, which the court, while it was conducting the trial, was unable to obtain. Evidence presented during trial was a gun and pornographic material. There were three police...
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...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
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...In 1961 authorities forced their way into Dollree Mapp’s house due to suspicious behavior. Police believed Mapp was hiding a bombing suspect in her home in Cleveland Ohio. The police asked multiple times if they had permission to enter her house and she denied all of these request. After many hours of waiting and talking the police forced their way into Mapp’s house. Once they searched the house they realized that she was not hiding the suspect but they did find something else. Authorities found a trunk full of obscene pictures in which she was arrested for. Mapp argued that her privacy was violated when the police entered her home without a valid search warrant. The police showed her a piece of paper that was said to be a search...
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...Maitri Spence-Sharpe, ADMJ 2 Sec. 8001 Citation: Mapp v. Ohio, 367 U.S. 643 (1961) Facts: Three police officers went to Miss Dollree Mapp's home looking for a person wanted for questioning regarding a bombing. They had been informed that the person was hiding in Miss Mapp's house. She did not let them in because her attorney advised her not to unless the officers had a search warrant. The police remained outside doing surveillance until more officers arrived a few hours later. At that point they tried again to get Mapp to allow them access to the house. When she did not open the door, they entered by knocking down one or more doors. They searched the premises. Mapp wanted to see a search warrant. An officer showed her a piece of paper and said it was a warrant. Mapp took the document and placed in the front of her clothing. The officers forcefully got the paper back, handcuffed her for behaving contentiously, and forced her stay in her bedroom. The police searched all the rooms and found obscene photographs and written works, but not the person they wanted to question. It was not clear exactly where the pornographic materials were found in the house, but the bedrooms, kitchen, dinette, basement, and living room were all searched. In court, there was no search warrant presented, nor explanation for the lack of one provided....
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...Mapp v. Ohio Synopsis Who was involved? Dollree Mapp had numerous connections to the underground world of boxing and illegal gambling. She was married to and had previous relationships with boxers and promoters who were big in the Midwest at the time. Mapp was first brought to Law Enforcement’s attention by having a potential connection to a bombing suspect named Virgil Ogletree. The police had heard from an anonymous tip that Ogletree might be hiding out within Mapp’s home. The police soon showed up, knocked, and asked if they could search the house. Mapp being somewhat aware of her rights refused entry to the police. They returned in greater numbers, forcibly entered the home, conducted a search and found Ogletree who was eventually cleared of all charges. However, the police did come across what is noted as “obscene material” which Mapp claimed was found within a footlocker of a previous tenant. The material collected being betting slips, a pistol, and some pornography. Mapp was later cleared of the charges pertaining to the betting slips located in the house but was later asked to testify against members of the illegal betting operation. Mapp refused and was later charged with possession of “lewd and lascivious books, pictures, and photographs”. She was sentenced to 7 years and immediately filed an appeal. This is where the story of Mapp v. Ohio really begins. What was argued? Mapp’s appeal argued that her 4th, 5th, and 8th amendments rights were violated....
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...There have been a number of landmark decisions made in the U.S. Supreme Court that effect the 4th amendment. Some of the most influential cases of all time are Weeks v. United States, Mapp v. Ohio, Terry v. Ohio, Florida v. Bostick, and Schneckloth v. Bustamonte. These cases have shaped the way law enforcement must go about apprehending certain suspects. They must now be careful when it comes to searches and seizures, and making sure to have a warrant or the owners consent before doing so. Weeks v. United States was the case that created the exclusionary rule, which barred illegally obtained evidence from being used in court. The case began when police had reason to believe that Fremont Weeks was sending lottery tickets...
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...Paul Honorat Title : Mapp V. Ohio Citation: 367 U.S. 643 Facts: Three Cleveland police officers arrived at the petitioner’s residence pursuant to information that a bombing suspect was hiding out there and that paraphernalia regarding the bombing was hidden there. The officers knocked and asked to enter, but the petitioner refused to admit them without a search warrant after speaking with her attorney. The officers left and returned approximately three hours later with what purported to be a search warrant. When the petitioner failed to answer the door, the officers forcibly entered the residence. The petitioner’s attorney arrived and was not permitted to see the petitioner or to enter the residence. The petitioner demanded to see the search warrant and when presented, she grabbed it and placed it in her shirt. Police struggled with the petitioner and eventually recovered the warrant. The petitioner was then placed under arrest for being belligerent and taken to her bedroom on the second floor of the residence. The officers then conducted a widespread search of the residence wherein obscene materials were found in a trunk in the basement. The petitioner was ultimately convicted of possessing these materials. Issues: Whether evidence discovered during a search and seizure conducted in violation of the Fourth Amendment of the Constitution shall be admissible in a State court? Judgment: On May 03, 1957, police officers in a Cleveland, Ohio suburb received information...
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...combatants do not receive the right to due process anymore. Although America has moved far along since the new due process acts, Bush and Obama have been under constant fire for “obstruction of civil rights”. In the 1963 Supreme Court case of Gideon v. Wainwright, Clarence Earl Gideon was charged with breaking and entering with intent for petty larceny. The offense had occurred between midnight and 8:00AM when a person had broken a door, smashed cigarette machines, and stolen money out of the cash register. Based upon the single accusation of Gideon leaving the store with a bottle of wine and cash at 5:30PM, he was...
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...is the main issue or question involved in the case? Weeks v. United States was a Supreme Court case that the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. On December 21, 1911 Mr. Weeks was arrested by police without a warrant, at the Union Station in K.C. Missouri, where he was employed by an express company. While he was detained other officers entered his residency without a warrant and took several possessions that were turned over to U.S Marshalls. Later that same day The U.S Marshalls returned and took additional evidence to try and convict Mr. Weeks also without a warrant. What precedent or laws did the court use in order to come to its ultimate conclusion? The case raised a question about the Fourth Amendment. What kind of protection does the 4th Amendment provide for U.S citizens? How can the evidence gained by an illegal search be used? What kind of penalty will be issued to officers who gain evidence through illegal search? Mr. Week’s lawyers argued the 4th Amendment will be meaningless unless it provides some real protection. To say that people are safe from unreasonable search and seizures have no value unless it is clear that evidence from such searches cannot be used in federal court. Federal officials should not be able to break the law in order to force the law. Drawing on the Boyd v. United States case the court suggests that the essential violation...
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...sentenced even though the evidence that was presented against them was gathered illegally. That is flat out a violation of their Fourth Amendment rights. If there was no Fourth Amendment, or Exclusionary Rule, a lot of people would be convicted of crimes based on the said evidence gathered was gathered illegally against them, and that would most likely give law enforcement the opportunity to gather evidence in a less morale way. I am not saying that all police officials would use these illegal tactics to gather evidence to convict a defendant, but there are some. Example: Mapp vs. Ohio May 1957. May 23, 1957 Cleveland Ohio police officials were following up on information they had about a bombing suspect was housed at Dollree Mapp house. They were also under the impression that there was also illegal gambling equipment in the house. The police attempted to try and search the house, but Ms. Mapp called her attorney, and refused to let the police search her home. The police officers left but continued to surveillance her and when she did not come to the door immediately, the police took it upon themselves, and forcefully gained entrance to her home. She then demanded to see the warrant, and when they did not give it to her, she snatched it from the officer. The...
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...June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument a Bill of Rights, securing to the American...
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...It is safe to assume that the 4th amendment will continue to evolve and change as it has done not only in the past century but also just in the past few years. Although an extremely controversial amendment during the ruling of the Supreme Court cases, it will still continue to be granted to the people. Aside from the few controversial cases, the 4th amendment gives us the peace of mind to be safe and secure inside our homes. The conflicts are necessary for the 4th amendment to evolve and ensure the protection of our rights and freedoms. As a power granted to the people, the ability to challenge the government is not one to be wasted. And those who challenge bestow upon the privilege of security and privacy in our homes. Nothing’s better than sitting at home relaxing and pretending like you’re not home to any strangers knocking on your...
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...If, upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of it cannot be used as direct evidence against the defendant in a criminal prosecution. This principle, established by the U.S. Supreme Court in 1961, has come to be known as the exclusionary rule. There are three court cases that are connected to the Exclusionary Rule: Mapp v. Ohio, 1961, Weeks v. U.S., 1914, and Wolf v. Colorado, 1949 (Four Famous Cases, 2011). In Mapp v. Ohio, 1961, the case was argued in March 29, 1961 and a decision was reached in June 19, 1961. Dollree Mapp was convicted of owning offensive materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression. However, were the confiscated materials protected by the First Amendment? The Court brushed aside the First Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by the Fourth Amendment, inadmissible in a state court" (Mapp v. Ohio). Mapp had been convicted on the basis of illegally obtained evidence. This was an historic and controversial decision. It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the court on a troubled course of determining how and when to apply the exclusionary rule (Your 4th Amendment...
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...pointing at potential suspects and the detectives are looking for witnesses. Without any evidence, the police feel it may help their investigation if they search every ones house for any clues. Some people were permissible and some were not. Based on an interview, the police think they have found the man who committed the crime. The police would decide barge into his home and raid searching for clues to crack the case. Unfortunately, they didn’t find anything connecting to the crime. But the man still held a permit of a concealed weapon. The man homes they raided was upset and felt his fourth amendment right had been violated. The Supreme Court is very rational room with capable justices that base their verdict’s off of the constitution. Using the balancing test, I would suggest the Supreme Court would rule this in favor of the man how’s fourth amendment right was violated. Based on previous cases such as Mapp vs. Ohio, when they heard off a tip that Virgil Ogletree as well as her boyfriend Edward Keeling the possible perpetrators will be found at Dollree Mapp’s home. In this case, three officers had asked to enter but her lawyer had found this to violate her fourth amendment right and refused to allow them in without a warrant. One officer had remained and looked at the hose for possible suspicion. Three hours later four cop cars had come and knocked on her door. When no one answered they found barged their way in. They found what they were looking for as well as a...
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