Introduction:
In 1957 the appellant Miss Mapp was forcibly restrained by members of the Cleveland Police force while undergoing an unlawful search of her home. She had denied the police entry because they failed to produce a search warrant, though police still forcibly entered the appellant’s home. Members of the police claimed to be searching for an individual in connection to a recent bombing, who they believed Miss Mapp was harboring. This individual in question was never located on the premise. It was during this unlawful search of the home however that members of the police found “certain lewd and lascivious books, pictures, and photographs in violation of § 2905.34 of Ohio's Revised Code” (Mapp v. Ohio) in her basement. Miss Mapp was …show more content…
Her defense held that items found through an illegal search should not be permitted in the court system. Miss Mapp had denied officers the right to search her home, yet they returned to her home hours after the original altercation in a larger number and forced their way in, breaking through the glass of a back door. Another issue was the use of force in holding her while the search took place. She had been strapped to a chair by one officer and suffered injuries due to excessive abuse while being held (Mapp v. Ohio).
Holding:
The Court’s holding was that “The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the fourth amendment” (Justia, Mapp v. Ohio). By dismissing the evidence from her original court case as unlawfully secured, Miss Mapp was found innocent by the Supreme Court of charges set against her and radically shifted the rights of American citizens in regards to freedom from unlawful search and seizures.
In 1957 the appellant Miss Mapp was forcibly restrained by members of the Cleveland Police force while undergoing an unlawful search of her home. She had denied the police entry because they failed to produce a search warrant, though police still forcibly entered the appellant’s home. Members of the police claimed to be searching for an individual in connection to a recent bombing, who they believed Miss Mapp was harboring. This individual in question was never located on the premise. It was during this unlawful search of the home however that members of the police found “certain lewd and lascivious books, pictures, and photographs in violation of § 2905.34 of Ohio's Revised Code” (Mapp v. Ohio) in her basement. Miss Mapp was …show more content…
Her defense held that items found through an illegal search should not be permitted in the court system. Miss Mapp had denied officers the right to search her home, yet they returned to her home hours after the original altercation in a larger number and forced their way in, breaking through the glass of a back door. Another issue was the use of force in holding her while the search took place. She had been strapped to a chair by one officer and suffered injuries due to excessive abuse while being held (Mapp v. Ohio).
Holding:
The Court’s holding was that “The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the fourth amendment” (Justia, Mapp v. Ohio). By dismissing the evidence from her original court case as unlawfully secured, Miss Mapp was found innocent by the Supreme Court of charges set against her and radically shifted the rights of American citizens in regards to freedom from unlawful search and seizures.