CRJU 203 Lecture Notes - Lecture 3: Affidavit, Exclusionary Rule, Larceny
3 Oct 2016
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Mapp vs. ohio 1961 (mrs. mapp owned house and rented out rooms in house. Officers rush house and wave a piece of paper as though it was a search warrant. She grabs (fake)search warrant and puts it down bra. Found a trunk of drawn naked pictures, and charge her with possession of obscene materials. Police then say on stand that they didn"t have warrant. Lawyer then makes motion to exclude evidence because of unlawful search. However, judge lets pictures into trial anyways because exclusionary rule at that time only applied to federal actors. (not state law enforcement). Mrs. mapp loses and appeals to supreme court. Take it up on first amendment rights of free speech (right to pictures) and throw in that it violated 4 th amendment right. Exclusionary rule is now part of the 4th amendment and now applies to states and state actors.
