Criminal Trial Preparation
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Criminal Trial Preparation
Mapp V. Ohio
The case commenced in 1957 when the police demanded to access Mapp’s home in connection with recent bombings. The police believed she was hiding a suspected bomber in her house. She declined to let them in in their first attempt, but they forced their way in on their second attempt thirteen hours later. The suspect was not found, but the police officers found some pictures and books whose possession was against the Ohio State law. Basing on this flimsy evidence, Mapp found herself on the wrong side of the law, and she was convicted (Temme & Marshall, 2020).
This case was a landmark that was decided (6-3) in the U.S Supreme court on 20th June 1961. In the ruling, the Justices observed that evidence obtained by violating the 4th constitutional amendment could not be applied in State criminal trial. They warned about the selective application of the law on matters of unreasonable searches and seizures. It was argued that since the 4th amendment was fully operational in Federal courts, the same should apply to State criminal courts. Basing on these facts, Mapp was found not guilty (LaFave, 2012).
The case is deemed illegal because it goes against the fourth amendment, which protects citizens against unreasonable searches and seizures. Secondly, her conviction was, in a way, a violation of her right to freedom of expression because she was not given ample time to be heard. Thirdly, there is the exclusionary rule, created in 1914 by the U.S. Supreme court. It disallows the government from using evidence obtained through infringement of the constitution. The police officers also failed to produce a search warrant when asked by Mapp’s attorney in court. What ought to have been done was to follow the directives given by the 4th amendment and apply the exclusionary rule in totality.
Reference
LaFave, R. (2012). Search and Seizure: A treatise on the fourth amendment (5th ed.). St. Paul: Thomson/West
Temme, L. & Marshall, A. (2020). Mapp v. Ohio case summary: What you need to know. https://supreme.findlaw.com/supreme-court-insights/mapp-v–ohio-case-summary–what-you-need-to-know.html