I’ve mentioned previously that one of the courses I’m taking at St. Ed’s this semester is “Constitutional Criminal Procedure”, in which we’ve (so far) spent a lot of time talking about the Fourth Amendment (not the FORTH amendment, but check this out, kids), probable cause, and such like.
One of the things we have to do for this class is write “case briefs”, which are basically one to two page summaries of a major court decision, detailing what the factual elements were, what the main argument was, how the court voted, summarize the majority opinion and concurring opinions, summarize the dissenting opinion and concurring dissents, and (finally!) give our own opinion about the decision.
Anyway, with things being kind of slow, and me not wanting to let a good opportunity for y’all to mock my writing go to waste, I give you my first case brief for Mapp v. Ohio. What makes this case significant is that the Supreme Court held, for the first time, that the exclusionary rule applied to the states as well as to the federal government. The application of the exclusionary rule at the Federal level was established in the case of Weeks v. United States as far back as 1914, but for some odd reason the court didn’t apply this at the state level. As a matter of fact, in Wolf v. Colorado, a 1949 case, the Supreme Court expressly declined to apply the exclusionary rule to the states: Mapp v. Ohio amounted to a complete reversal of that decision.
Beyond the legal aspect, there’s two other things about this case that I find interesting:
- This took place in Cleveland, where I still have family. The Cleveland Memory Project has a lot of background material on Miss Mapp and Mapp v. Ohio.
- One of my fellow students mentioned this in class when I asked, “Is it just me, or did the Cleveland PD really have it out for this woman?” The confidential informant who tipped the cops off? That was…Don King. Yeah, that Don King. According to my classmate, Miss Mapp had previously been…”employed” in Mr. King’s…”business” of…”providing services to gentlemen”, if you know what I mean and I think you do. Miss Mapp decided her talents were more valuable elsewhere, Mr. King did not like this, and hilarity ensued. I’m having some trouble confirming specific details of Miss Mapp’s employment with Mr. King. But it does seem that Miss Mapp was certainly well known to the Cleveland PD, judging by some of the clippings at Cleveland Memory.
Anyway, there you go. Feel free to mock and criticize in the comments to this post.