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Mapp V. Ohio, 1961

By brandon2006

  • Nationwide Obscenity Law

    Nationwide Obscenity Law
    Anthony Comstock, found of the New York Society for the Suppression of Vice, advocated for the "Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use", which banned articles and writings of immoral nature,

  • Dollree Mapp is convicted

    In belief that Mapp was holding a bomber, the police entered Mapp's home without a warrant and arrested her after finding obscene materials in the found of a nude sketch and 3 books considered "obscene". Her lawyer argued the conviction violated her 4th Amendment Rights and eventually landed in the Supreme Court

  • Impact

    Impact
    The case came out to implement the 4th Amendment onto State trials, which denies courts from using evidence gathered through illegal/unconstitutional means. It required for warrants to be received from judges in order to permit evidence found in a person's possession to be used in court, which was not required prior to the case.

  • Overturned Wolf V. Colorado

    Overturned Wolf V. Colorado
    Mapp ruling overturned the case of Wolf V. Colorado (1949) which recognized the right to privacy as “incorporated” but not the federal exclusionary rule. Because of the inherent vagueness of the Fourth Amendment, the scope of the exclusionary rule has been subject to interpretation by the courts, including the Supreme Court.

  • Supreme Court Decides 5 - 3 in favor of Mapp

    Supreme Court overturned Mapp's conviction, on the grounds that evidence seized without a search warrant cannot be used in state criminal prosecutions under the 4th Amendment to the Constitution, which protects against unreasonable searches and seizures, and the 14th Amendment, which extends that protection to state jurisdictions.

  • Kaupp V. Texas

    Kaupp V. Texas
    Robert Kaupp was arrested on the basis of his half - brother confessing to murdering a 14 year old and claiming Kaupp to be a witness. The police took him from his home (without a warrant) in the middle of the night, and had not told him he was allowed to not have a meeting with the cops. The Supreme Court ruled for Kaupp, ruling that an arrest within the meaning of the Fourth Amendment occurred and that Kaupp’s conduct was not consent sufficient to overcome the probable cause requirement.