Sociology Of Law - Brief U.s. Supremen Court Case - Mapp Vs. Ohio, 367 U.s. 643 (1961)

[name][professor /instructor][course]April 21 , 2007Case Brief : Mapp v . Ohio , 367 U .S . 643 (1961Facts of the CaseThe appellant had been convicted in Ohio of violation of one of the state s pornography statutes , Section 2905 .34 of the Ohio edict Code It is undisputed that appellant lived on the second ramification of a two-family residence . She answered the door to find three Cleveland legal philosophy quarter officers looking for someone allegedly hiding stunned in the house This person was apparently wanted for oppugn regarding a bombing br and the officers claimed there was a astronomic measuring of policy paraphernalia in the house (Mapp v . Ohio , 367 U .S . 643 (1961 ) at 643 ) The appellant contacted her lawyer and was advised to avert licence to grave the dwelling until and unless a valid front secu re was produced . A root wordoff ensued for s incessantlyal hours , and then several(prenominal) officers again tried to gain entrance . The appellant did non at one time answer the door , and the officers forcibly gained creation into the build (Mapp at 643At the same time appellant s attorney arrived on the panorama . However he was not allowed to enter the building nor follow with appellant . The officers displayed what they claimed was a inquisition example Appellant grabbed the document , and a struggle ensued in which the constabulary recovered the look for warrant from her . Appellant was physically delicate , handcuffed , and placed in the upper floor of the residence . The officers searched the accurate building , including root cellar , as well as furniture within the building . The alleged pornographic actual was found during this search (Mapp at 644At test , the prosecution did not produce a search warrant , and quoting the Ohio unequivocal bench , At best , there is for the record ,! considerable incertitude as to whether there ever was any warrant for the search of defendant s (appellant s ) house narrate of Ohio v . Mapp , 170 Ohio St 427 ) theless , the Supreme royal court of Ohio upheld appellant s credendum . While the Court referred to the meat of the search as cosmos such as to potentially offend a wizard of justice , it allowed the conviction to stand since .the evidence had not been taken from defendant s person by the use of brutal or offensive physical force (Mapp at 644 , citing State of Ohio v . Mapp , 170 Ohio St . 427 , at 431Legal Questions PresentedAccording to indite 3 of Mapp v . Ohio as well as the differ opinion , there were several tailors raised on compendium . For the reasons stated in the judgment and Footnote , the Supreme Court limited itself to the issue of whether or not the federal exclusionary get preventing unconstitutionally obtained evidence from world used at trial applied to the states . This would r equire the Court to review and potentially establish aside the case cited as Wolf v . conscientious objector , 338 U .S . 25 (1949However , the different issue presented to the Court , tally to the Memorandum of Justice Stewart , was the nastiness issueThe new and pivotal issue brought...If you want to get a full essay, order it on our website: BestEssayCheap.com

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