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Mapp v. Ohio
163
When?
Unwarranted Search: May 23, 1957
Supreme Court Case: 1961
Bibliography
Where?
What?
Cleveland, Ohio
Unwarranted Search and Seizure
"Mapp v. Ohio." - DKosopedia. Web. 14 Jan. 2013.
"Mapp v. Ohio." Infoplease. Infoplease. Web. 11 Jan.
2013.
"Mapp v. Ohio." Wikipedia. Wikimedia Foundation, 01
Nov. 2013. Web. 11 Jan. 2013.
This case was first seen at the District Court of Ohio then was at Warren Court in Cleveland, Ohio
Main Idea of Case
This case deals with unlawful search and seizures and about the police going against the 4th amendment.
Who?
Majority Opinion
Dollree Mapp verses the State of Ohio.
Dissenting Opinion
“We hold that all evidence obtained by searches and seizures in violation of the Constitution [is] inadmissible in a state court…. Were it otherwise…the assurance against unreasonable…searches and seizures would be [meaningless].”
Justice Tom Clark (1961)
"Justice Harlan indicates that he believes the issue decided was not squarely presented in the case, and chastises the rest of the court for lack of "judicial restraint" (a code phrase for judges whose favored opinions are being overturned)."
Justice Harlan (1961)
Mapp v. Ohio
How did it change America's Government?
Importance
Judicial Restraint/Activism
Restraint
The State is not allowed to use evidence found in a search and seizure without a warrant to do so. The state of Ohio violated the 4th amendment, Section 1 of Amendment 14th says “nor shall State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In a 6-3 decision, the Court overturned the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. In the majority opinion, Justice Tom Clark declared: “We hold that all evidence obtained by searches and seizures in violation of the Constitution