English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

1 answers

Mapp v. Ohio
367 U.S. 643 (1961)
Docket Number: 236
Abstract

Argued:
March 29, 1961

Decided:
June 19, 1961

Subjects: Criminal Procedure: Search and Seizure

Facts of the Case
Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression.

Question Presented
Were the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)

Conclusion
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 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.

2006-10-10 03:15:20 · answer #1 · answered by Sara D 2 · 0 0

fedest.com, questions and answers