TRIAL PREP

Trial Prep

Trial Prep

Part 1

In the criminal procedures, the case of Mapp v. Ohio, 367 U.S. 643 (1961), proved to be a landmark. During the proceedings of this case, the Supreme Court of the United States made the decision that the proofs acquired in the contravention of the Fourth Amendment, that provide the protections against the "unreasonable seizures and searches," might not be utilized in the criminal prosecutions of the state law in the courts of state. This was attained by the Supreme Court by using the law called the selective incorporation; this case engaged the inclusion of the provisions, according to the interpretation by the Court, of the Fourth Amendment that have the literal applications merely to the steps taken by the federal government into the Fourteenth Amendment (Long, Carolyn, 2006). The United States Supreme Court overruled the judgment of the lower court. By that action the United States Supreme Court made evidence seized in violation of the Constitution of the United States inadmissible in state courts (Mapp v. Ohio, 1961). The Fourth Amendment protects "records and seizures without reason." But it says it must occur if the police behaved illegally. This has left the courts decide. The Supreme Court heard an important case 30 years ago. In that case, the judges had to decide who should happen when state or local police behaved illegally.

In Mapp v. Ohio the Cleveland police had received information stating a bomb suspect as well as various illegal gambling paraphernalia could be found in the Mapp home. Upon arrival at the building that housed the Mapp apartment, the police demanded admission without stating a reason. Following a telephone conversation with an attorney, Mapp denied the police entry without a search warrant. Three hours later, police reinforcements arrived and a forced entry was made into the Mapp apartment. Mapp's attorney was denied access to him when he arrived on the scene. When Mapp again demanded a search warrant, police produced a piece of paper, saying that it was a warrant. Mapp seized the paper and hid the supposed warrant inside his shirt. After a struggle, the police forcibly removed the paper from the shirt. The paper was never proven to be an actual search warrant. Mapp was then handcuffed and incarcerated in a bedroom of the apartment. Police then ransacked the apartment, but neither the bomb suspect nor any gambling paraphernalia was found. Certain obscene material was discovered by police in a trunk in the basement of the apartment building. Mapp was convicted of possession of obscene material and imprisoned although Mapp denied the obscene material was his. Even though the magistrate concurred that the search and seizure was unlawful, the Ohio court affirmed the admissibility of the evidence.

If school officials violate the Fourth Amendment they may be held liable under Section 1983 of the Civil Rights Act of 1871 for damages that result from a deprivation of rights protected by the Fourth Amendment. In addition, a school district can be held liable for damages ...