The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, March 29, 1961
Decision: Monday, June 19, 1961
Issues: Criminal Procedure, Search and Seizure
Categories: criminal, fourth amendment, searches and seizures

Advocates

Bernard A. Berkman (Argued the cause for the American Civil Liberties Union et al., as amici curiae, urging reversal)
A. L. Kearns (Argued the cause for the appellant)
Gertrude Bauer Mahon (Argued the cause for the appellee)

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

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Ohio, 3 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Voted with the majority
Warren
Wrote a regular concurrence
Black
Voted with the minority, joined Harlan's dissent
Frankfurter
Wrote a regular concurrence
Douglas
Wrote the majority opinion
Clark
Wrote a dissent
Harlan
Voted with the majority
Brennan
Voted with the minority, joined Harlan's dissent
Whittaker
Wrote a special concurrence
Stewart
Full Opinion by Justice Tom C. Clark

Cite this page

The Oyez Project, Mapp v. Ohio, 367 U.S. 643 (1961),
available at: <http://www.oyez.org/cases/1960-1969/1960/1960_236/>
(last visited ).