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Criminal Law keyed to Dripps
Mapp v. Ohio
Citation:
367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.Facts
On May 23, 1957, three Cleveland police officers went to appellant’s residence looking for a person of interest allegedly hiding in the home. The appellant and her daughter live on the top floor of the dwelling. After phoning her attorney, the appellant refused to admit the police without a search warrant. The officers then undertook surveillance of the residence and three hours later four more officers arrived. When the appellant failed to open the door immediately, at least one door to the home was forcibly opened in order for the police to gain entry. The appellant was partially down the stairwell at the time and demanded to see a search warrant, an officer handed her a paper which she placed in her bosom. The officers then struggled with the appellant to recover the paper and handcuffed her for being “belligerent.” Appellant was then taken upstairs to her bedroom while the officers looked through her personal belongings. The officers searched the entire home including her daughter’s bedroom, the living room, kitchen, dinette, and basement. During the search lewd and lascivious pictures, photographs, and books were discovered. The appellant’s attorney arrived at the residence during the search and officers did not permit him to enter the home. At trial, no search warrant was ever produced and there was considerable doubt the warrant ever existed.
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