Essay - Mapp v. Ohio Case Brief A. Name of Case: Mapp...


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Mapp v. Ohio Case Brief

A. Name of Case: Mapp v. Ohio

B. Citation: 367 U.S. 643 (1961)

C. Year Decided: *****

D. Character of Action: Appellant ***** sought review of the decision of ***** *****

Supreme Court, which affirmed her conviction under Ohio Rev. Code 2905.34, for possession of lewd and lascivious books, pictures, and photographs.

*****. Facts: Police *****ficers received information that a wanted person was hiding in appellant Mapp's home, ***** three police officers demanded entrance to appellant's home. Appellant contacted her attorney and refused to admit the ***** to her home without a search warrant. The police set up surveillance of ***** home; a duplex-style build*****g with Appell*****nt's living quarters on the second floor. When more officers arrived, *****y forcibly entered appellant's home. Appellant's ***** *****, but the officers ***** to permit him to enter the house or ***** see appellant. Appellant ***** to ***** a search warrant. The police showed her a piece of paper ***** ********** claimed was a warrant; appellant grabbed the paper and placed it in her bosom. The officers and appellant struggled over the paper, the officers subdued her, and the ***** handcuffed *****. The police *****n *****ok the ***** upstairs to her liv*****g *****, w*****e the police executed a general search of her bedroom, her child's *****, the living room, the kitchen, and a dinette. This search included closed places such as suitc*****es, dresser-drawers, and a pile ***** personal *****s. ***** police then searched the basement of the building. During ***** course of the widespread search, the police discovered the material supp*****ting ***** ********** a few documents that were considered obscenity in violation of Ohio Rev. ***** 2905.34. At trial, ***** State could not produce the search ***** ***** fact, ***** likelihood is ***** there was no warrant. In addition, the search was executed to recover material linked to a recent bombing, ***** to uncover material ***** ***** obscenity.

*****. Issues: The Court was asked to determine whether *****ting evidence obtained as the result of an illegal search violated the Fourth, Fifth, *****d Fourteenth Amendments. The Court ***** *****ked ***** determine whether the admissibility of illegally seized ***** was a constitution*****l issue or a matter of evidence law. Specifically, the Court was asked to determine if the exclusionary rule established in Weeks v. United States applied ***** state-court proceedings as a ***** of the Fourteenth Amendment. ***** Court was also asked to determine ***** ***** manner in which such evidence was obtained affected the admissibility of such evidence, or whether an illegal ***** that did not shock the conscience was somehow better than an illegal search that did ***** shock ***** conscience. Finally, the Court ***** asked to determine whe*****r the anti-obscenity provisions ***** Ohio. *****. Code 2905.34 violated the Fourteenth ***** of the Constitution.

*****. Decision: The Court reversed and remanded ***** decision of the Ohio Supreme Court. ***** Court determined that *****'s conviction was un*****ful based on ***** Fourth and Fourteenth Amendment search and seizure issues. The Court

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