Go to next caseOne night, seven police officers broke into and searched Dolly Mapp's home in Cleveleand, Ohio. The search was prompted by an informant telling them that a suspect in a recent bombing was hiding out there. Mapp's house was searched, and no sign of the supsect was found; however, police did find some literature deemed obscene (the possession of which was a crime). Although the police claimed to have a search warrant, but none was produced. In court, their search was upheld and Dolly Mapp was convicted of the possession of obscene material. The Supreme Court overturned this conviction on the grounds that the search was illegal. The Mapp case incorporated the 4th amendment into the Due Process clause of the 14th amendment and created the "exclusionary rule," which prevents the use of evidence gained by these so-called illegal searches. Opponents of the exclusionary rule argue "the criminal is to go free because the constable has blundered," to which Justice Clark answered "The criminal goes free if he must, but it is the law that sets him free."
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