Essay on "Mapp v. Ohio"
Essay 3 pages (1073 words) Sources: 3
[EXCERPT] . . . .
Ohio," 2010)The way that this takes place is through the exclusionary rule. Under these guidelines any kind of evidence that is collected without a proper search warrant is inadmissible in court. This is enforced through the defendant submitting a pretrial motion to suppress evidence. If a judge determines that there is some kind of violation, they can throw out any evidence that was collected. ("The Fourth Amendment and the Exclusionary Rule," 2012) ("Mapp V. Ohio," 2010)
Moreover, they have the ability to utilize the Fruit of the Poisonous Tree Doctrine. This states that the court can suppress evidence which was obtained from the search and led to other information. For example, if the police illegally obtained something that is incriminating to the defendant (via an illegal search) and they use this to coerce a confession. Both the evidence and the confession are inadmissible. This is because one is based off something that was obtained illegally to press for other information. As a result, the judge has the ability to sequester and fix potential abuses using these tools. ("The Fourth Amendment and the Exclusionary Rule," 2012) ("Mapp V. Ohio," 2010)
Apply the rules of law decided in Mapp v. Ohio and relate them to relevant facts in the fact pattern
The rules of law are clear using Mapp V. Ohio. This means that the search against Sally is illegal. The reason why is because no search warrant was obtained. As a result, the heroine should be suppressed and any other information that was obtained from the search (such as confessions). This is applying the exclusionary rule and the Fruit of the Poisonous Tree Doctrine to address an
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In a conclusion, detail how the court decided the case in Mapp v. Ohio. State how you would rule if you were the judge reviewing the facts in the fact pattern.
The Supreme Court decided in favor of Mapp. This is because the search was conducted illegally and the information that was collected allowed the defendant to be deprived of critical protections in the Fourth Amendment. As a judge, we would rule in favor of Sally by sequestering the heroine and any other information that was obtained from the illegal search. At the same time, if this lead to some kind of confession or other evidence. It would be thrown out. The reason why is because the illegal search lead to further information that helped the police build their case. If they had not engaged in these actions, they would never have found this data. This will teach law enforcement to follow the basic provisions of the Fourth Amendment (in order to make their evidence admissible in court). ("Mapp V. Ohio," 2010)
References
Barron V. Baltimore. (2007). Constitution.org. Retrieved from: http://constitution.org/ussc/032-243a.htm
The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from: http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542 READ MORE
Quoted Instructions for "Mapp v. Ohio" Assignment:
The assignment provides an overview of the landmark Supreme Court Case Mapp v. Ohio.
Detective Mark Quickdraw is working with confidential informant Sneaky Pete on investigating a known drug dealer Sally *****. ***** lives as 1024 Slum Street. Her residence is known as a drug house and Detective Quickdraw suspects she has a large stash of cocaine in the house.
On the street, Det. Quickdraw has heard she is planning to cut-up a kilo of cocaine and begin selling it on the street. Det. Quickdraw sends informant Sneaky Pete into the residence with police buy money in an attempt to purchase some cocaine.
After about 20 minutes in the residence, Sneaky Pete emerges from the residence and walks down the street and around the corner to Det. Quickdraw's unmarked police car. Pete hands over to Quickdraw a small amount of cocaine that Sneaky Pete purchased from some man in the residence. Sneaky Pete also informs Det. Quickdraw there was a plastic garbage bag sitting on the kitchen counter with a square object wrapped in the bag. Pete also tells Quickdraw that he observed on the counter a set of digital scales.
Based on this information, Det. Quickdraw calls Detective Worthy to prepare a search warrant for the residence and to name Sally ***** as the target. Det. Worthy prepares the search warrant and drives down to see Judge Justice to see if she would sign the search warrant. Judge Justice is in a court hearing and Det. Worthy is told to wait. As she waits, Det. Quickdraw sees people coming and going out of 1024 Slum Street. Growing impatient, he calls Det. Worthy about the status of the search warrant. She tells him that it may be another hour before she gets the search warrant to him.
Det. Quickdraw sees two men enter the house. Growing more impatient, Det. Quickdraw calls for uniformed back-up. Once uniformed officers arrive at 1024 Slum Street, Det. Quickdraw decides to enter the residence with four uniformed police officers without the search warrant. During a search, they find no kilo of cocaine. The item in the garbage bag turns out to be trash. A search of Sally *****’s bedroom turns up a handgun which she is not allowed to possess due to a prior felony drug violation. The search also turns up a baggy of heroin in her night stand.
***** is indicted for a felony count of possessing a weapon under disability and possession of heroin. Her attorney, Jill Acquit, files a motion to suppress the evidence due to a violation of her Fourth Amendment right against search and seizure.
Based on the fact pattern, address the following questions and issues in your response. Be sure to also review the grading rubrics to ascertain the breakdown of points by section.
The body of the assignment should contain the following sections:
1. Introduction that provides an overview of your assignment 2. State the facts that are relevant and not relevant in the fact pattern 3. What are the rules of law stated in Mapp v. Ohio? Be sure to address the exclusionary rule and the Fruit of the Poisonous Tree Doctrine 4. Apply the rules of law decided in Mapp v. Ohio and relate them to relevant facts in the fact pattern 5. In a conclusion, detail how the court decided the case in Mapp v. Ohio. State how you would rule if you were the judge reviewing the facts in the fact pattern.
How to Reference "Mapp v. Ohio" Essay in a Bibliography
“Mapp v. Ohio.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/mapp-ohio-centuries/7974575. Accessed 26 Jun 2024.
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