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Citations

http://www.americanhistory.about.com/od/supremecourtcases/p/mapp-v-ohio.htm

http://www.nytimes.com/2014/12/10/us/dollree-mapp-who-defied-police-search-in-landmark-case-is-dead.html?_r=0

http://www.goodreads.com/author/show/950667/David_J_Krajicek/blog/tag/porn

Mapp v. Ohio 1961

Long-term Effects

Mapp v. Ohio has become a legal touchstone that continues to shape cases and stir debate. Before the ruling, federal courts were required to suppress evidence gathered illegally. The decision extended the rule, known as the exclusionary rule, to state courts. This change has put continuing pressure on police departments to conduct investigations lawfully and brought increased scrutiny when their actions appear improper. Countless cases have been affected and sometimes thrown out.

The Case

On May 23rd 1957, Cleveland police wanted to search the home of Dollree Mapp who they believed was to be hiding a bombing suspect. When police first came, Mapp did not allow them to enter because they could not produce a search warrant. Three hours later, police returned and forced their way into the home but with a fake warrant. Mapp called her lawyer when police would not allow her to examine the warrant which led to her grabbing the "warrant" anyways and shoving it down her blouse. She was handcuffed to a cop and held in her bedroom so police could finish their search. In the end, they did find the man they were searching for but he ended up being of no use to the bombing case. They did find pornographic and sexually explicit materials, some were sketches she had drawn and others were books from a brand of porn. In the 1950's, much hysteria over the morality of porn was taking place. It may seem absurd from the viewpoint of the modern world's internet driven porn saturation, but this felony was considered a very serious offense and so police arrested Mapp.

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Dollree Mapp

-Previous to this case, Mapp had sued boxing champion Archie Moore for promising to marry her but then backing out.

-Don King, future fighting promoter for many boxing stars was the target of a bombing case. On May 20th 1957, a bomb had exploded in King's house while he was in bed with his girlfriend. He gave the name Virgil Ogletree to police saying he was a possible suspect and was hiding in the home of Dollree Mapp.

-Although she wasn't convicted in this case, in 1970 she was arrested and convicted of having $250,000 worth of drugs.

Constitutional Issues

Four years after Mapp had been sentenced to prison and after her conviction had been upheld on appeal, the Supreme Court took up the case because of the questions it raised about the First and Fourth ammendments. The court ruled, 6 to 3, that Ms. Mapp's conviction should be thrown out and that all state courts must supress evidence gathered through police misconduct in certain kinds of cases.

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