CRIMINAL JUSTICE MIDTERM

CRIMINAL JUSTICE MIDTERM - CRIMINAL JUSTICE MIDTERM Court...

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CRIMINAL JUSTICE MIDTERM Court Cases Mapp v. Ohio 367 U.S. 643 (1961) Facts of the Case Dolree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression. Question Presented Were the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?) Conclusion The Court brushed aside the First Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence. This was an historic -- and controversial -- decision. It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule. Weeks v. United States 232 U.S. 383 (1914) Facts of the Case Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. This was done without a search warrant. Weeks took action against the police and petitioned for the return of his private possessions. Question Presented
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This note was uploaded on 04/07/2011 for the course SOC 190 taught by Professor Dennishufford during the Fall '10 term at Saint Louis.

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CRIMINAL JUSTICE MIDTERM - CRIMINAL JUSTICE MIDTERM Court...

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