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Liberal_in_LA

(44,397 posts)
Wed Dec 10, 2014, 10:26 PM Dec 2014

Woman at center of 1961 Supreme Court case dies - cops searched her home without warrant in 1957



Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.

Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.

When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.

Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection.

http://www.utsandiego.com/news/2014/dec/10/woman-at-center-of-1961-supreme-court-case-dies/
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Woman at center of 1961 Supreme Court case dies - cops searched her home without warrant in 1957 (Original Post) Liberal_in_LA Dec 2014 OP
We owe her a debt, and we must never forget that the Bill of Rights is there for US! NYC_SKP Dec 2014 #1
6-3...ie only 2 conservatives away from 4-5, exactly why we must elect a Democratic pkdu Dec 2014 #2
 

NYC_SKP

(68,644 posts)
1. We owe her a debt, and we must never forget that the Bill of Rights is there for US!
Wed Dec 10, 2014, 10:28 PM
Dec 2014

We should not let them go.

pkdu

(3,977 posts)
2. 6-3...ie only 2 conservatives away from 4-5, exactly why we must elect a Democratic
Wed Dec 10, 2014, 11:15 PM
Dec 2014

President in 2016.

Primary all you want , but get behind the winner , 110%

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