historical background dollree mapp was under suspicion for possibly hiding a person suspected in a...

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Mapp v Ohio By Jordan Thrun & Cassie Rea (1961 )

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Slide 2 Slide 3 Historical Background Dollree Mapp was under suspicion for possibly hiding a person suspected in a bombing. Mapp refused to let the police in her home because they did not obtain a warrant. After a few hours, the police forced their way into Mapp's house, holding up a piece of paper when Mapp demanded to see their search warrant. The police found no evidence of anyone hiding but did come across pornographic materials! Mapp was arrested and charged with violating an Ohio law against the possession of obscene materials. The jury found Mapp guilty and she was sentenced to jail. The case was brought to the attention of the supreme court after loosing her appeal in the Ohio Supreme Court. The Court determined that evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts Slide 4 Comic Background Slide 5 To better understand: We made our own cartoon. Slide 6 321 Slide 7 Dollree Mapps House in Cleveland Ohio [The music you hear is for dramatic purposes only. It was not actually playing during this scenario.] Slide 8 Slide 9 Slide 10 Slide 11 Slide 12 Slide 13 Slide 14 Slide 15 Slide 16 Slide 17 Slide 18 Slide 19 Slide 20 Slide 21 Slide 22 Slide 23 Slide 24 Slide 25 Slide 26 Slide 27 Slide 28 Slide 29 Slide 30 Slide 31 Maam, there is a report of a person tied to a bombing hiding in your house! Can we come in a take a look? Slide 32 NO! You can not come into my home without no warrant! Slide 33 Slide 34 Slide 35 Slide 36 Slide 37 Slide 38 Slide 39 Slide 40 Slide 41 Slide 42 Slide 43 Slide 44 Slide 45 Slide 46 Slide 47 Slide 48 Slide 49 Slide 50 Slide 51 Slide 52 Slide 53 Slide 54 Slide 55 Slide 56 Slide 57 Slide 58 3 Hours Later Slide 59 Slide 60 Slide 61 Slide 62 Slide 63 Slide 64 Slide 65 Slide 66 Slide 67 Maam Please Open The Door! Slide 68 MoVe In!!! Slide 69 Slide 70 Slide 71 Slide 72 Slide 73 Slide 74 Not a Warrant Slide 75 Slide 76 Slide 77 Slide 78 Slide 79 Slide 80 Slide 81 Slide 82 Slide 83 I need to see a warrant! Slide 84 Not a Warrant I have it right here! Slide 85 Slide 86 Slide 87 Slide 88 Slide 89 Slide 90 Slide 91 Hey I found bad things in this chest! Slide 92 Mrs. Mapp you are under arrest for the possession of obscene material and resisting arrest! Slide 93 Legal Question 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? Slide 94 The Decision Concurring Opinion: when the Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies but actually requires the exclusionary rule. - Justice Black In a 5-3 decision, the Court ruled in favor of Mapp! Stated that anything admitted without having a warrant served is inadmissible. ["Exclusion rule" was set in place] Dissenting Opinion: The new and pivotal issue brought to the Court by this appeal is whether 2905.34 of the Ohio Revised Code making criminal the mere knowing possession or control of obscene material, and under which appellant has been convicted, is consistent with the rights of free thought and expression assured against state action by the Fourteenth Amendment. - Justice Harlan Slide 95 The Precedent The officers violated the 14th amendment by searching Dollree Mapps home without a warrant and presenting illegally obtained evidence to the court. By doing this they also went against previous court rulings. This affects cases in the future by making it necessary for warrants to be presented when obtaining evidence for court cases. Slide 96 Public Support For: Interest groups would support the decision of the Supreme Court because the evidence was obtained without a warrant. This is considered to be illegal. Against: Interest groups would be against the decision of the Supreme Court, because no matter how the materials were obtained they were still in the possession of Dollree Mapp and they were still illegal. Slide 97 Judgment and Justification If I was on the Supreme Court at the time of Mapp V. Ohio I would have been in favor of how the court ruled because of when the materials were obtained by the police there was no search warrant. This is illegal because in the 14th amendment of the United States constitution it states that every citizen is protected from unreasonable search and seizures.