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Criminal Law Keyed to Gershowitz
Mapp v. Ohio
Citation:367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On May 23, 1957, three Cleveland police officers arrived the defendant’s home pursuant to information that “a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home.” The defendant after telephoning her attorney, refused to admit them without a search warrant.
The officers again sought entrance three hours later when four or more additional officers arrived on the scene. When the defendant did not come to the door immediately, at least one of the several doors to the house was forcibly opened and the policemen gained admittance. A paper, claimed to be a search warrant, was held up by one of the officers. 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 appellant. 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. The officers discovered obscene materials.
At the trial no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. There is, in the record, considerable doubt as to whether there ever was any warrant for the search of defendant’s home. The defendant was convicted under Ohio Rev. Code Ann. § 2905.34, which prohibited the possession of lewd and lascivious books and pictures. She appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.