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Criminal Procedure Keyed to Allen
Mapp v. Ohio
Citation:367 U.S. 643 (1961)
The police received a tip that a suspect wanted in connection with a bombing was hiding out in the home of the Appellant, Mapp. The tip also stated that there was a lot of paraphernalia in the home. The Appellant lived there with her daughter. Three officers arrived at the Appellant’s home. Upon their arrival, they knocked and demanded entrance, but the Appellant refused to since they did not have a search warrant. The police returned later and when the Appellant did not come to the door, they forcibly entered the residence. The Appellant demanded to see the search warrant and one of the officers held up a piece of paper which they claimed to be the warrant. A physical altercation occurred when the Appellant grabbed the warrant and the officers tried to get it back from her. The Appellant was then put in handcuffs and taken upstairs to her bedroom where the officers searched the room as well as the rest of the residence. The search revealed obscene materials. The Appellant was tried for possessing obscene materials even though at trial no search warrant was ever provided by the prosecution nor was an excuse given as for why one was not obtained or provided. There was doubt as to whether there was ever a search warrant that existed for the Appellant’s home. Despite this, the Appellant was convicted.
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