Question

Laws and rules governing searches and seizures by the police or other government agents stem from the Fourth Amendment to the United States Constitution. During the nineteenth century search warrants became a way to limit police authority. In the 1914 U.S. Supreme Court case Weeks v. United States, the Court determined that "where letters and papers of the accused were taken from . . . premises by an official of the United States . . . without any search warrant," a violation of constitutional protections had occurred.

In 1957, Cleveland police officers forcibly entered the home of Dollree Mapp and conducted a warrantless search for a bombing suspect. Although no suspect was found, officers discovered allegedly obscene materials, the possession of which was prohibited under Ohio state law. Mapp was later convicted of possessing obscene materials. She appealed her conviction on the basis that the officers admitted to using a false warrant and the confiscated materials were protected from seizure by the Fourth Amendment.
In 1961, the Supreme Court ruled in Mapp v. Ohio that the exclusionary rule, which prevents prosecutors from using evidence in court obtained in violation of the Fourth Amendment, applied in Mapp’s case because the Ohio police officers had obtained the evidence illegally.
After reading the scenario, please respond to A, B, and C below.
Referencing the scenario, describe how selective incorporation applies to this scenario and explain how that process impacted the Mapp v. Ohio decision.
Explain how state legislatures could minimize the impact of the Court’s decision in Mapp v. Ohio.
Describe how due process relates to the scenario and explain how changes in the membership of the Court could affect future rulings on this constitutional protection.

Answer 1

Selective incorporation was applied in the Mapp v. Ohio case, leading to the application of the exclusionary rule in state courts. Changes in the Court's membership could affect future rulings on due process and the protection of Fourth Amendment rights.

Step-by-step explanation:

Selective incorporation is the process by which the protections of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. In the case of Mapp v. Ohio, the Supreme Court applied the exclusionary rule, which prevents the use of illegally obtained evidence in a criminal trial, to state courts. This decision ensured that Fourth Amendment protections against illegal searches and seizures would be enforced at the state level.

State legislatures could minimize the impact of the Court's decision in Mapp v. Ohio by passing laws that limit the exclusionary rule or create exceptions to its application. However, any changes to the exclusionary rule would need to be consistent with the constitutional protections provided by the Fourth Amendment.

Due process relates to the scenario because it guarantees that individuals are treated fairly and have their rights protected in legal proceedings. Changes in the membership of the Court could affect future rulings on this constitutional protection. Different justices may interpret the scope of due process differently, leading to potential changes in how the Court applies the exclusionary rule and protects individuals' Fourth Amendment rights.