Mapp v. Ohio
|Mapp v. Ohio|
|Argued March 29, 1961
Decided June 19, 1961
|Full case name||Dollree Mapp v. State of Ohio|
|Citations||367 U.S. 643 (more)
81 S. Ct. 1684; 6 L. Ed. 2d 1081; 1961 U.S. LEXIS 812; 86 Ohio L. Abs. 513; 16 Ohio Op. 2d 384; 84 A.L.R.2d 933
|Prior history||Defendant convicted, Cuyahoga County, Ohio Court of Common Pleas; affirmed, Ohio Court of Appeals; affirmed, 166 N.E.2d 387 (Ohio 1960)|
|Subsequent history||Rehearing denied, 368 U.S. 871 (1961)|
|The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. Ohio Supreme Court reversed.|
|Majority||Clark, joined by Warren, Black, Douglas, Brennan|
|Dissent||Harlan, joined by Frankfurter, Whittaker|
|U.S. Const. amends. IV, XIV|
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which are applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.
Background of the case
In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend many constitutional protections to all courts in every State. This process became known as the incorporation of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket.
The Warren Court's revolution in the criminal justice system began with the case of Mapp v. Ohio, the first of several significant cases in which it re-evaluated the role of the 4th Amendment as it applied to State judicial review.
Circumstances of the case
Dollree (or Doll Rae) Mapp (1923/24-2014), the divorced ex-wife of boxer Jimmy Bivins and ex-girlfriend of light heavyweight champion Archie Moore, was an employee in the gambling rackets of Cleveland mob kingpin Shon Birns. On May 23rd, 1957, police officers in Cleveland, Ohio, received information that Virgil Ogletree, an associate of Shon Birns who was suspected in the bombing of rival numbers racketeer and future boxing promoter Don King's home early that morning, might be found at Mapp's house, as well as illegal betting equipment employed by the Shon Birns gang in the numbers racket. Three officers went to the home and asked for permission to enter, but Mapp, after consulting her lawyer by telephone, refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers. Brandishing a piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled with Mapp and took the alleged warrant away from her. They handcuffed her for being “belligerent.” The police searched the house thoroughly, and found only a small quantity of blank, unused betting slips. They did, however, find a couple of pornographic books in a steamer trunk that Mapp stated a previous tenant named Morris Jones had left behind. She was arrested, and after refusing to testify against Shon Birns at his trial that October she was prosecuted for possession of the books, found guilty of "knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of 2905.34 of Ohio's Revised Code", and sentenced to one to seven years in prison. 
The U.S. Supreme Court voted 6-3 in favor of Mapp. The Court overturned the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment.
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961).
- Duignan, Brian (2012-05-25). "Mapp v. Ohio". Encyclopædia Britannica Online. Encyclopædia Britannica Inc. Retrieved March 19, 2014.
- Woo, Elaine (December 13, 2014). "Dollree Mapp dies at 91; arrest led to landmark search warrant ruling". LA Times.
- Long, Carolyn (2006). Mapp v. Ohio: Guarding Against Unreasonable Searches and Seizures. University Press of Kansas. ISBN 0-7006-1441-9.
- Stewart, Potter (1983). "The Road to Mapp v. Ohio and beyond: The Origins, Development and Future of the Exclusionary Rule in Search-and-Seizure Cases". Columbia Law Review 83 (6): 1365–1404. doi:10.2307/1122492. JSTOR 1122492.
- Zotti, Dubs H. Machado (2005). Injustice for All: Mapp vs. Ohio and the Fourth Amendment. New York: Peter Lang. ISBN 0-8204-7267-0.
|Wikisource has original text related to this article:|
- Archival source documents relating to the Mapp case at Cleveland Memory
- Dollree Mapp, Who Defied Police Search in Landmark Case, Is Dead - New York Times