Mapp Vs Ohio Case Essay

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The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police Department apparently forged a warrant to inspect her home and forced their way into it. While they couldn’t find any outlaw hidden there, they did stumble upon lascivious and lewd material (books, to be precise) in the house (Mapp V Ohio - Cases | Laws.com). This discovery led to Mapp’s detention, though she wasn’t charged. Nevertheless, the complainant claimed the police had no basis to detain her and had also breached her rights guaranteed by Amendment IV. The Mapp v. Ohio case, Mapp’s appeal for her previous detention by Cleveland’s Police Department, is counted among the most popular twentieth-century Supreme Court-handled cases. Amendment IV forbids unauthorized searches and seizures in American citizens’ homes, in addition to delineating citizens’ privacy rights.



The chief issue in this case dealt with whether or not proof gathered in the course of a search operation that breached the constitutional Amendment IV could be admitted in state courts. Attorney Kearns lodged an appeal notice and forwarded the case to Ohio’s Supreme Court, to reconsider the ruling made by the Court of Appeals (Mapp v. Ohio - Supreme Court of Ohio (Case No. 36,091)). Amendments I and XIV established the unconstitutional nature of Ohio State’s anti-obscenity act, as (1) it was vague and failed to outline obscenity standards, and (2) other states’ anti-obscenity acts were meant for lewd materials’ exhibitors, sellers, and publishers, rather than possessors.

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Justice Taft was the author of the majority view (Mapp v. Ohio - Supreme Court of Ohio (Case No. 36,091)). He claimed the lower courts’ claim that the complainant controlled the lewd material was right. Additionally, as evidenced by State v. Lindway, 131 Ohio St., 166 and Wolf v. Colorado, 338 U.S., 25, the absence of a proper warrant had no bearing on the case’s outcome, as Ohio State authorized its courts to admit evidence procured without authorization in their criminal trials. Lastly, the Rochin v. California, 342 U.S. 165 case wasn’t applicable as the law enforcement officials’ behavior wasn’t outrageous. Thus, clearly, the complainant’s rights of due process as guaranteed by the constitutional Amendment XIV weren’t breached.



The complainant remains convicted of having consciously controlled and possessed lascivious and lewd photos, books, and pictures, which were clearly prohibited under the Ohio Revised Code’s statute 2905.34. As was formally declared in the Ohio Supreme Court’s syllabus to the ruling made, the Court ruled that the Court of….....

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References

"Mapp V Ohio - constitution | Laws.com." constitution. Web. 9 Feb 2017. <http://constitution.laws.com/supreme-court-decisions/mapp-v-ohio>

"Mapp v. Ohio." C-SPAN Landmark Cases | Home. Web. 9 Feb 2017. <http://landmarkcases.c-span.org/pdf/Mapp_Clark_Opinion.pdf>.

"Mapp v. Ohio (1961)."Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free online reference, research & homework help. Web. 9 Feb 2017. <http://www.infoplease.com/us/supreme-court/cases/ar19.html>.

"Mapp V Ohio - Cases | Laws.com." Cases. Web. 9 Feb 2017. <http://cases.laws.com/mapp-v-ohio>.

"Mapp v. Ohio - Supreme Court of Ohio (Case No. 36,091): The Cleveland Memory Project." The Cleveland Memory Project:
Cleveland History in Photos, Video, and More. Web. 9 Feb 2017. <http://www.clevelandmemory.org/legallandmarks/mapp/supremeohio.html>.

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