Mapp V. Ohio
Subtitle: Guarding Against Unreasonable Searches And Seizures (Landmark Law Cases and American Society)
Publisher: University Press of Kansas
Published: April 26, 2006
Language: eng
Format: Paperback
Number of pages: 228
ISBN-13: 9780700614417
Subjects: Constitutional & administrative law; Jurisprudence & General Issues; Legal Reference / Law Profession; Exclusionary rule (Evidence); Law; Legal History; USA; Searches and seizures; Constitutional; Criminal Law - General; Criminal Procedure; United States
Description: Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip-from future fight promoter Don "the Kid" King-that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--A conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent.