Mapp v. Ohio: Guarding Against Unreasonable Searches and Seizures

by Carolyn N. Long

Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.

240 pages, Paperback

First published January 1, 2006

Reviews

[Mike · Rating 4 out of 5]

Amazing that something like search and seizure procedures have to go to the Supreme Court. This book shows how far we have come to ensure that the Constitution's limits are affirmed and observed so that the rights of the people are clear.

[Piker7977 · Rating 3 out of 5]

These Landmark Law Case books are pretty good reads. Long does a fine job of building the context of the infamous case but describing the experiences of Dollree Mapp and the history of the exclusionary rule. The strengths of this study include an examination of the Warren Court's inner workings and the justices' behaviors, how the exclusionary rule has been watered down during the Nixon, Reagan, and Bush administrations, and an explanation of how the presidential appointee process affects the Court's rulings. I look forward to reading more in this series.

[Mills College Library]

345.73052 L8482 2006

[Matthew Steinmetz · Rating 5 out of 5]

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