Word: mapp
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...question. But now it is painfully aware that hopeful convicts are flooding lower courts with appeals while critics flay judges for "freeing criminals." Last week, in a 7 to 2 decision, the court refused for the first time to give retroactive effect to a great Bill of Rights decision-Mapp v. Ohio...
...Fourth Amendment as they saw fit. For example, they did not necessarily have to exclude illegally seized evidence (despite the rule to that effect in federal courts since 1914). Yet the states so abused even Wolf that in 1961 the court finally applied the "exclusionary rule" to all states (Mapp v. Ohio). "If a citizen's home is his castle," asked Griswold, "can there be any doubt that this decision is a sound and salutary...
...court's critics argue that Mapp handcuffs the police. "Is this not a better country when the police cannot break down doors without a warrant and make use of any evidence they may seize...
Search & Seizure. In equally historic decisions, the court has forced all states to observe the full meaning of the Fourth Amendment ban against unreasonable search and seizure. Items: - Mapp v. Ohio (1961) ordered state courts to exclude evidence seized in violation of the Fourth Amendment. With no warrant, Cleveland police, hunting policy slips and a bombing suspect, had invaded the home of a woman named Dollree Mapp. The most the cops could uncover was "obscene materials," for possession of which Dollree was convicted. Upheld by the Supreme Court, she escaped further prosecution...
...California (1963) provided Mapp's first test amid charges that the court had "handcuffed police." But Mapp forbade only "unreasonable" search and seizure: Ker upheld the right of Los Angeles police to make an arrest and seizure after they entered a narcotics-peddling couple's apartment without a warrant. The cops had "probable cause" to suspect what they would find. Appellants George and Diane Ker stayed in prison for possession of marijuana...