Mapp v. Ohio (1961)
Dolly Mapp, Cleveland , Ohio ; The Police had her house under surveillance reference suspicion of harboring a fugitive and illegal gambling activity. The police knocked on the front door, flashed papers and claimed to have a search warrant. Ms. Mapp snatched the papers, jammed it into her brazier, a scuffle ensued, police subdued Ms. Mapp and performed a CUSTODIAL SEARCH (blanket search). Everything was searched from top to bottom and no evidence of illegal gambling or harboring a fugitive was found…but pornographic material was found in a trunk in the basement. Ohio prosecutors received evidence: “nudey magazines”. A violation of the 4th Amendment? Search and Seizures! Mapp was convicted in Ohio . Mapp appealed to the USSC with a writ of certiorari (a type of writ seeking judicial review). By “rule of four” the USSC agreed to hear her case. The USSC ruled in favor of Mapp. POLITICAL SIGNIFICANCE ? The USSC created a legal concept known as the EXCLUSIONARY RULE. The court said evidence that is seized unconstitutionally under the 4th Amendment must be excluded from trial. Evidence that has been seized unconstitutionally under the 4th Amendment is “fruit from a poisoned tree”; therefore it can not be admitted. They declared blanket searches to be unconstitutional. Now judges issue a search warrrant that specifies what they are looking for.
Concurring opinion- agreed with ruling, disagreed with reason. The concurring opinion was that the case should have been argued under the 1st Amendment (Religion, Speech, Assembly, and Politics). You have a right to possess pornographicn material—with only one exception: if the pornographic material contains minors. Child porn is unconstitutional; Minors do not have consent!
Liberals are big supporters of the EXCLUSIONARY RULE…technicallity where people walk out of court. Rhenquist argued that the exclusionary rule should be overturned. There is an entire law course on the 4th Amendment. Some lawyers specialize in 4th Amendment. There are 1000’s of cases every year that involve the 4th Amendment.
Keynesian Theory (“priming the pump”)- a macroeconomic theory based on