Dollree Mapp
| Mapp v. Ohio | |
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| Argued March 29, 1961 Decided June 19, 1961 |
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| Full case name | Dollree Mapp v. State of Ohio |
| Citations | 367 U.S. 643 (more)
81 S. Ct. 1684; 6 L. Ed. 2d 1081; 1961 U.S. LEXIS 812; 86 Ohio L. Abs. 513; 16 Ohio Op. 2d 384; 84 A.L.R.2d 933
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| Prior history | Defendant convicted, Cuyahoga County, Ohio Court of Common Pleas; affirmed, Ohio Court of Appeals; affirmed, Ohio Supreme Court 166 N.E.2d 387 (Ohio 1960) |
| Subsequent history | Rehearing denied, 368 U.S. 871 (1961) |
| Holding | |
| The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. Ohio Supreme Court reversed. | |
| Court membership | |
| Case opinions | |
| Majority | Clark, joined by Warren, Black, Douglas, Brennan |
| Concurrence | Black |
| Concurrence | Douglas |
| Concurrence | Stewart |
| Dissent | Harlan, joined by Frankfurter, Whittaker |
| Laws applied | |
| U.S. Const. amends. IV, XIV | |
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This case overturned a previous ruling or rulings
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| Wolf v. Colorado | |
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well as in federal criminal law prosecutions in federal courts as had previously been the law. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which are applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.
Dollree Mapp was an employee in the illegal gambling rackets dominated by Cleveland rackets kingpin Shon Birns. On May 23, 1957, police officers in Cleveland, Ohio, received an anonymous tip by phone that Virgil Ogletree, a numbers operator who was wanted for questioning in the bombing of rival numbers racketeer and future boxing promoter Don King's home three days earlier, might be found at Mapp's house, as well as illegal betting slips and equipment employed in the "California Gold" numbers operation set up by Mapp's boyfriend Edward Keeling. Three officers went to the home and asked for permission to enter, but Mapp, after consulting her lawyer by telephone, refused to admit them without a search warrant. Two officers left, and one remained, watching the house from across the street.
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