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Criminal Procedure Keyed to Dressler
Mapp v. Ohio
Citation:
367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.Facts
The defendant was convicted of possessing lewd and lascivious books, pictures, and photographs in violation of an Ohio law. The evidence was obtained through an unconstitutional search and seizure. Officers forcibly opened her door and claimed to have a search warrant. The officers searched a dresser, a chest of drawers, a closet and some suitcases. They also looked into a photo album and through personal papers belonging to the defendant. The search spread to the rest of the second floor including her child’s bedroom, the living room, the kitchen and a dinette. The basement of the building and a trunk found therein were also searched.
At the trial, no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. The defendant appealed, and the state argued that even if the search was unconstitutional, it is not prevented from using the unconstitutionally seized evidence at trial. The Court of Appeals and the Supreme Court of Ohio affirmed.
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