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YouTube - The Declaration of Independence. Mapp v. Ohio (1961): The Facts.
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Mapp v. Ohio (1961): The Facts • Dollree Mapp, a woman in her early twenties, carried on a number of illegal activities in her Cleveland home. For several months the police had attempted to shut down her operations, but apparently Mapp was tipped off because each time police planned a raid, she managed to elude them. • One day, plainclothes police Sgt. Carl Delau tried to enter Mapp’s house, this time on the ground that she was harboring a fugitive from justice (the fugitive was suspected of bombing the house of an alleged Cleveland numbers racketeer, Don King, who later became a boxing promoter). When Delau arrived, Mapp refused to let him in because he did not have a search warrant. • Delau returned to his car, radioed for backup and a warrant, and kept the house under surveillance for three hours. • Meanwhile, Mapp called her attorney and he showed up just as the police again knocked on the door. Mapp was upstairs and did not answer and the police forced the door open. Mapp’s attorney was not allowed to enter the house. Hearing the police break in, Mapp came downstairs and began arguing with them. Delau held up a piece of paper which he claimed was a search warrant. Mapp grabbed it and stuffed it down her blouse. A fight broke out, during which police handcuffed Mapp, retrieved the paper, and searched the house. The did not find the fugitive but did seize some allegedly obscene pictures, which were illegal to posses under Ohio law. • At trial, the prosecution did not produce the search warrant and no explanation was offered the failure to do so. Mapp was found guilty of possession of obscene materials and sentenced to prison. • Mapp appealed to the Supreme Court on 1st Amendment grounds, but the justices were more interested in exploring the search and seizure issue. Dolly Mapp Sgt. Carl Delau
Mapp v. Ohio (1961): The Facts • Dollree Mapp, a woman in her early twenties, carried on a number of illegal activities in her Cleveland home. For several months the police had attempted to shut down her operations, but apparently Mapp was tipped off because each time police planned a raid, she managed to elude them. • One day, plainclothes police Sgt. Carl Delau tried to enter Mapp’s house, this time on the ground that she was harboring a fugitive from justice (the fugitive was suspected of bombing the house of an alleged Cleveland numbers racketeer, Don King, who later became a boxing promoter). When Delau arrived, Mapp refused to let him in because he did not have a search warrant. • Delau returned to his car, radioed for backup and a warrant, and kept the house under surveillance for three hours. • Meanwhile, Mapp called her attorney and he showed up just as the police again knocked on the door. Mapp was upstairs and did not answer and the police forced the door open. Mapp’s attorney was not allowed to enter the house. Hearing the police break in, Mapp came downstairs and began arguing with them. Delau held up a piece of paper which he claimed was a search warrant. Mapp grabbed it and stuffed it down her blouse. A fight broke out, during which police handcuffed Mapp, retrieved the paper, and searched the house. The did not find the fugitive but did seize some allegedly obscene pictures, which were illegal to posses under Ohio law. • At trial, the prosecution did not produce the search warrant and no explanation was offered the failure to do so. Mapp was found guilty of possession of obscene materials and sentenced to prison. • Mapp appealed to the Supreme Court on 1st Amendment grounds, but the justices were more interested in exploring the search and seizure issue. Dolly Mapp Sgt. Carl Delau
When can a search and seizure be done? • Reasonable Suspicion – School officials have some evidence regarding a particular situation, which may include a violation of school rules. • When school officials are given information, as long as the informant appears to be credible. • When a police officer assigned to a school has probable cause to search an individual.
Seizure Standards Consensual Traffic Stop Terry Stop Apprehension (Custody) No Seizure Reasonable Suspicion Reasonable Suspicion Probable Cause
