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Assessment on Laws - 3 Case Focus

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Authentic Case Assessment on Laws

Authentic Case Assessment on Laws
The Fourth Amendment The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants) is the Fourth Amendment to the Constitution, above cited in toto. The Fourth Amendment is applicable only to government arrests as opposed to privately conducted ones, and in cases when the privacy of a person is intruded upon as when a search or arrest is conducted. The provision implicitly advances the exclusionary rule in criminal procedure which states to the effect that no evidence is admissible in court that was obtained in violation of the Fourth Amendment (Bacigal 2008 p.147). This rule was asserted in the landmark case of Mapp v Ohio, 367 US 643 (1961) where a woman’s house was searched by police authorities, who has acted on a tip that she was hiding certain bomb suspects, without a search warrant. Finding no bomb suspect, the police instead arrested her for the lewd pictures and books found in her basement on the strength of an Ohio law which prohibited their possession. After convicted in the lower court, a conviction that was affirmed by the Court of Appeals and the Supreme Court of Ohio, Mapp went to the US Supreme Court. The Court reversed the decision and held that the exclusionary rule was applicable not

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Authentic Case Assessment on Laws

only in federal courts but state courts as well, which means that the evidence gathered against Mapp cannot be used to convict her in the state court because...

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