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Criminal Procedure keyed to Kamisar
Mapp v. Ohio
Citation:367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961)
Three Cleveland police officers arrived at Mapp’s residence pursuant to information that a bombing suspect was hiding in the home and that paraphernalia could be found there. Mapp refused to allow the officers in without a warrant. Three hours later, the officers tried to enter the home again. When Mapp did not open the door, the officers forcibly entered the home. When Mapp demanded to see a search warrant, an officer held up a paper purported to be a warrant. Mapp grabbed the paper and a struggle ensued to recover the paper. Mapp was then handcuffed while officers searched her home. The officers found obscene materials, the possession of which Mapp was charged and ultimately convicted for. At trial, the prosecution never produced a warrant for the search of Mapp’s home.
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