Illegally Obtained Evidence, Mapp v. Ohio (user search)
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  Illegally Obtained Evidence, Mapp v. Ohio (search mode)
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Author Topic: Illegally Obtained Evidence, Mapp v. Ohio  (Read 1978 times)
A18
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Posts: 23,794
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E: 9.23, S: -6.35

« on: November 10, 2005, 12:53:44 PM »

Mapp v. Ohio, 367 U.S. 643 (1961)

Held: All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court.

MR. JUSTICE CLARK delivered the opinion of the Court.

Appellant stands convicted of knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of 2905.34 of Ohio's Revised Code. As officially stated in the syllabus to its opinion, the Supreme Court of Ohio found that her conviction was valid though "based primarily upon the introduction in evidence of lewd and lascivious books and pictures unlawfully seized during an unlawful search of defendant's home . . . ."

... The judgment of the Supreme Court of Ohio is reversed and the cause remanded for further proceedings not inconsistent with this opinion.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: November 10, 2005, 04:31:42 PM »

The position of the common law was abundantly clear: evidence ... cannot be admitted.

No, I'm pretty sure that wasn't the rule.
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