Mapp V. Ohio
Background
Dollree Mapp was convicted by cops of posessing obscene material in her home. She argues that the cops had no right to search her house because they were looking for a fugitive, she claims it was an illegal search, becuase they were originally looking for something else. She says she has a freedom of expression.
Constitutional Question
Was the material confiscated in violtation with the Frst Amndment? and did it violate the 4th Amendment as well because the purpose of the search was for a fugitive?
Lasting effect
This was a close decision, 6 of the 9 judges voted for Dollree Mapp. The First Amendment was brushed aside, the 4th Amendment was more controversial. They decided that all evidence obtained by the search and siezure in violation of the constitution can't not be used to convict someone. This was troubling for the court becuase they have to figure out when to apply the exclusionary rule.
Dollree Mapp was convicted by cops of posessing obscene material in her home. She argues that the cops had no right to search her house because they were looking for a fugitive, she claims it was an illegal search, becuase they were originally looking for something else. She says she has a freedom of expression.
Constitutional Question
Was the material confiscated in violtation with the Frst Amndment? and did it violate the 4th Amendment as well because the purpose of the search was for a fugitive?
Lasting effect
This was a close decision, 6 of the 9 judges voted for Dollree Mapp. The First Amendment was brushed aside, the 4th Amendment was more controversial. They decided that all evidence obtained by the search and siezure in violation of the constitution can't not be used to convict someone. This was troubling for the court becuase they have to figure out when to apply the exclusionary rule.