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Hi, I need help with essay on Mapp v. Ohio case: exclusionary rule. Paper must be at least 500 words. Please, no plagiarized work!After demanding to see the search warrant one of the officers held up
Hi, I need help with essay on Mapp v. Ohio case: exclusionary rule. Paper must be at least 500 words. Please, no plagiarized work!
After demanding to see the search warrant one of the officers held up the supposedly warrant. The appellant seized it and secured it on her person. Consequently a struggle ensued and she was handcuffed and forcibly taken to different rooms in the house where searches were carried out by the officers. Obscene materials were found in a trunk located in the basement of the building.
Mapp appealed to the Supreme Court of the United States after her appeal to the Supreme Court of Ohio was denied. The decision was done in her favor. Under constitutional law the Exclusionary Rule was brought into effect in this case. This rule which stems from the Fifth Amendment states that no object may be used in court if obtained illegally or without a proper search warrant. There is considerable doubt that the document that Mapp seized from the police was in a fact a search warrant. They did not introduce a search warrant as evidence during the trial. Another conditional basis for the Court’s ruling also stems from the Fourth Amendment. This amendment gives protection against unreasonable searches and seizures. It states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . and particularly describing the place to be searched, and the persons or things to be.” The police had acted improperly by searching without a warrant. Therefore, any incriminating evidence found during the search was not supposed to be used against her since the evidence seized was in violation of the Fourth Amendment. The court noted that under the constitution the Fourth Amendment sets the standard for searches and seizures conducted by law official in the United States of America.
Prior to Mapp’s trial the Exclusionary Rule was not enforced in all states. The decision made as a result of
