Mapp v Ohio Case Brief
Facts:
Police
officers were in search of a bombing suspect as well as evidence related to the
said bombing, and their investigation led them to the house of the petitioner
in this case, Mapp. They had received information from a source that a bombing
subject was at the said house and that paraphernalia related to the said
bombing could also be found there. The said officers knocked on Mapp’s door to
ask permission for entry, but they were denied. Mapp told them that she refused
to let them inside if they did not have a search warrant with them. She also
spoke with her attorney. The said police then left her residence but
subsequently returned a few hours afterwards to present her with the warrant
that she asked for. Mapp, however, did not answer the door. What the officers
then did was to enter her house forcibly. Mapp’s lawyer then arrived but was
barred from entering the house and communicating with Mapp. When Mapp again
demanded to see the warrant again, she was given it by the officers but she
allegedly took it and stuffed it down her shirt. The officers then forcibly
took the said warrant from her and arrested her on the charge of belligerence.
She was then confined by the officers to her bedroom in the second floor of her
house. After this, the officers searched her home and found some obscene
materials. These obscene materials then became grounds for her being tried and
convicted for her possession of them.
Issue:
The
issue is whether or not the said evidence gathered during the said search and
seizure was violative of the Fourth Amendment and whether or not such evidence
shall be admissible in court.
Rule:
Evidence
obtained in violation of the Fourth Amendment of the Constitution is not valid
and admissible in court.
Application:
It
was held in this case that the so called exclusionary rule applies in this
case. It was held by the court that in this case, the evidence was clearly
obtained in violation of the Fourth Amendment. The Fourth Amendment’s clause
regarding searches and seizures is one of the guarantees as to the rights of
individuals against unlawful searches and seizures which infringe upon the
right to privacy of an individual. All evidence obtained through violating the
Federal Constitution is definitely inadmissible in a criminal trial.
It
was ruled in several cases that even the State is liable for the breach of such
constitutional guarantee. The right to privacy as guaranteed by the Fourth
Amendment also has been declared as enforceable against the State as per the
Fourteenth Amendment’s Due Process Clause. The applicability of the
exclusionary rule against the State is therefore incontrovertible.
One
of the main reasons for the said Exclusionary rule is to prevent anyone from
obtaining evidence illegally. This anyone includes even the government itself. Allowing
such illegal procurement of evidence could open the gateway to abuse, distrust,
and a loss of confidence and faith in the State. The State, as a body, is
liable for the breach of such rule since it is the obligation of the State not
only to promote the law but to uphold it as well. The State, as smaller
political body must also be held accountable for the breach of such rule. It is
untenable that only the Federal government be liable to a breach of such rule
and not a State. Such would be absurd and clearly unjust. Showing that both a
State and the Federal government can be similarly liable to individuals is a
good way to teach through good example. Doing otherwise would only be
detrimental to the whole government system.
This is a sample Mapp v. Ohio Case Brief from smartessaywriters.com – the leading provider of reliable and affordable essay writing services and research paper writing services in the United States and the United Kingdom
No comments:
Post a Comment