Mapp v Essay

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Mapp v. Ohio 367 U.S. 643 (1961)
Matthew Gosselin

Illegal search and seizure
• This case is based off a illegal search and seizure on property within a home in the state of Ohio in 1961. the petitioner claims that the obscene materials for which she was convicted of the crime were discovered by an illegal search of the house.

The Facts about the case
• Three police officers arrived at Mapp’s home pursuant to information that a person was hiding out. This person was wanted in questioning for a bombing that had taken place. The officer’s knocked on the door a few time’s but there was no response. Mapp was told by her attorney not to speak with the officers or let them in with out a search warrant. Later that day about three hours or so there were more officer’s called to the scene and they had forced themselves in the house. Mapp had asked one of the officer’s to see a warrant to enter. An officer that showed up gave her an alleged search warrant that she tried to keep but was later recovered by an officer when she was restrained. The officer’s searched the house and found obscene materials in her home in which she was convicted. There is some doubt to whether or not there was ever even a search warrant at all because there was never one produced at her trial.

Conviction & Outcome
• Mapp was convicted and the Ohio supreme Court affirmed. This is a appeal from a conviction for possession of obscene materials.
• The U.S. Supreme Court granted Mapp certiorari. Which is a writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review.

Overview and Impact of the Case
• This was found to be a direct attack against the 4th amendment rights and was later deemed that all evidence obtained by search and seizures in violation of the constitution is inadmissible in a state court
• One case that help this cause was Wolf v. Colorado and had been overruled. •
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