Citation. Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081, 1961 U.S. LEXIS 812, 84 A.L.R.2d 933, 86 Ohio L. Abs. 513, 16 Ohio Op. 2d 384 (U.S. June 19, 1961)
Brief Fact Summary. Police officers sought a bombing suspect and evidence of the bombing at the petitioner, Miss Mapp’s (the “petitioner”) house. After failing to gain entry on an initial visit, the officers returned with what purported to be a search warrant, forcibly entered the residence, and conducted a search in which obscene materials were discovered. The petitioner was tried and convicted for these materials. Facts.
Issue. May a government official make an arrest without a warrant where a felony has been committed in the official’s presence?
Synopsis of Rule of Law. All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution (“Constitution”) shall be inadmissible in State court proceedings.
Three Cleveland police officers arrived at the petitioner’s residence pursuant to information that a bombing suspect was hiding out there and that paraphernalia regarding the bombing was hidden there. The officers knocked and asked to enter, but the petitioner refused to admit them without a search warrant after speaking with her attorney. The officers left and returned approximately three hours later with what purported to be a search warrant. When the petitioner failed to answer the door, the officers forcibly entered the residence. The petitioner’s attorney arrived and was not permitted to see the petitioner or to enter the residence. The petitioner demanded to see the search warrant and when presented, she grabbed it and placed it in her shirt. Police struggled with the petitioner and eventually recovered the warrant. The petitioner was then placed under arrest for being belligerent and taken to her bedroom on the second floor of the residence. The officers then co
nducted a widespread search of the residence wherein obscene materials were found in a trunk in the basement. The petitioner was ultimately convicted of possessing these materials.