Mapp v. Ohio [SCOTUSbrief]

When police officers commit an unconstitutional search, should the evidence they obtained be usable in court? Prof. Paul Cassell of the University of Utah College of Law discusses the Supreme Court’s attempt to incentivize police officers to comply with the Fourth Amendment in Mapp v. Ohio.
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As always, the Federalist Society takes no position on particular legal or public policy issues. All opinions expressed are those of the speaker.
Learn more about Paul Cassell:
faculty.utah.edu/u0031056-PAU...
Follow Paul Cassell on Twitter: @pgcassell
pgcassell?lang=en
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Related Links & Differing Views:
CPSAN Landmark Cases: “Mapp v. Ohio”
landmarkcases.c-span.org/Case/...
Case Western Reserve Law Review: “Search and Seizure and the Exclusionary Rule: A Re-Examination in the Wake of Mapp v. Ohio”
scholarlycommons.law.case.edu...
University of Colorado Law Review: “The Need to Overrule Mapp v. Ohio”
scholar.law.colorado.edu/cgi/...
Emory Law Journal: “Resolving the Dilemma of the Exclusionary Rule: An Application of Restitutive Principles of Justice”
www.bu.edu/rbarnett/resolving.htm
Washington Law Review: “Exclusionary Rule, Deterrence and Posner’s Economic Analysis of Law”
digitalcommons.law.uw.edu/wlr...

[@ryan5.7v]

thanks this helped with my American government homework

[@pgriggs2112]

Take it one step further: Hold to account agents of the State for violating the Constitutional rights of others, perhaps even criminally if such violations are found to be intentional.

[@tylerdurden-sv6cf]

★ Froggie Animation ★ huh??? I think that would be the very definition of justice

[@withlovestephaniedenise7024]

Thank you. I've read this for my criminal justice homework, but I am a visual learner. This made it clear and easy to understand. Thank you so much!

[@chrisbonnett6783]

Another remedy is to fire the cop and charge them with the same crime as a common burglar.

[@leslieanderson3726]

Better have a warrant.

[@laurynsmith2854]

Thank you!!!

[@gngerbrdgrl8965]

Thank you

[@jacquelinemilligan8077]

To the point, great presentation

[@Seigler]

Maybe prosecute police for illegal activity like breaking and entering as well to disincentivize *illegal* behavior as well. Weird I know >.>

[@oblivitv1337]

Go to the police to report the police, makes sense.

[@lorenzolenchorodriguezjr4746]

Since their just powers are derived from the consent of the governed and the courts abandoned their oath to the Constitution and uphold the law, then it would naturally be fitting to yank their just powers and override/overstand the court with original private jurisdiction of the republic which is actually foreign to the special maritime jurisdiction that the courts are operating under and is inferior to the jurisdiction of the republic. "court clerk note that the judge has abandoned his/her oath of office and office and I order this case dismissed with cause and prejudice. This meeting is now adjourned."

[@heavenleejustice]

081321. There are other cases that apply Mapp v Ohio. A man called the police once in his house the police arrested the man for stolen property. Because the police did not have a warrant to search his house 4th Amendment Violations plus no warrant to search. The case was dismissed. There are many other similar cases. Once a US citizen states I don't want you in my house. The search should stop. Especially since non tax payers are living on the streets in their make shift homes safely. Its a shame SOME citizens don't get the benefits of our Constitional & Civil rights that people died for. HeavenLee Justice

[@daniels.3062]

What do you do when the police won't police themselves

[@Ha-Youll-Never-Guess-Who-I-Am]

make another police to police the police of course

[@Ha-Youll-Never-Guess-Who-I-Am]

@Aidan V i don’t know if giving me that much power is the best idea . . .

[@TropicalHibi]

@@Ha-Youll-Never-Guess-Who-I-Am but then you will need a third police called the “police police police” that police police police who then police police

[@AshVlogss3]

what civil liberties were being considered in this case??

[@crazykid5.9]

If I'm not mistaken, the 4th amendment's protection against unreasonable searches and seizures and the unspoken right to privacy.

[@rockymntnliberty]

Police still do illegal searches and seizures even with the exclusionary rule, it's hard to imagine how bad they would get without it. I watched the video just yesterday wear a cop arrested a guy for a wide right turn just so he can search his car and use the inventory excuse.

[@rylandavis2976]

I think states might actually impose remedies that are better than the exclusionary rule

[@bornfree3124]

The police are policy enforcers, they lie and make up false charges to extort money from the people.

Exclusionary rule that's not at all exclusionary anymore, so why even both with this?

[@jaredbeard5992]

It is still a rule

[@kayseibrahim9378]

Don king bought me here

[@elizabethcourse]

No the evidence should me used in court 4TH AMENDMENT

[@zachjones6944]

Tainted evidence.