In May of 1957, the home of Dorlee Mapp, an Ohio resident, was entered by several police officers that received a tip that a bombing suspect was hiding in the home of Mapp. Dorlee Mapp requested to see the search warrant from the officers, however the officers did not have the warrant the current time. Officers arrived again and presented a piece of paper claiming that it was a search warrant. Mapp grabbed the paper and struggled against police officers and was placed under handcuffs while her house was being searched. The police did not find the bombing suspect but obscene materials, such as sexually explicit books, photographs, drawings, and gambling records ("all of which were considered illegal contraband-) were found. Officers then arrested Mapp for the possession of these items under Ohio state law, which prohibits "lewd, lascivious, or obscene material-. .
At the Ohio state court trial, police officers did not present the search warrant. Mapp was tried against for possession of obscene material. She was found guilty and sentenced to jail. However, Mapp and her lawyer appealed this case to the Supreme Court of Ohio presenting the following arguments.
Argument: Mapp.
The search was illegal because police did not present the search warrant at the home or at the court. Therefore, the items obtained from Mapp's home were illegal and should not have been used in Mapp's trial. .
Argument: Ohio.
The prosecution argued that the search was legal because the evidence was peacefully retrieved from the home other than forcefully taking it from Mapp. .
The Supreme Court of Ohio denied the appeal to Mapp. Mapp then had the case appealed to the Supreme Court of the United States. Mapp made additional arguments at the Supreme Court.
Supreme Court Argument: Mapp.
The Mapp's attorney utilized the right from the fourth amendment. The fourth amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
