Mapp

Evan McVey Mapp v Ohio (1961)

Background: Dollree Mapp was suspected of having a bombing suspect in her home, and police were sent to search her home. She refused to let them in, but police officers eventually broke in the door to her house without a search warrant. They did not find the bombing suspect, but they did find some illegal pornographic material. Mapp was arrested and eventually sentenced for having the pornographic material. She appealed the case because she did not think that the police had a right to search her home without a warrant. Mapp also claimed that having the obscene material was part of her 1st Amendment rights.

Should evidence obtained without a warrant be allowed in court?

Decision: In a 6-3 decision the Supreme Court decided that all evidence obtained illegally is inadmissible in a state court. The court immediately decided that the 1st Amendment was not in question in the case. The 4th Amendment was in question because the issue at hand dealt with unreasonable searches and seizures. This case set the precedent of excluding any evidence that was illegally obtained in any level of court.