Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court MORE?
Cuyahoga County, Ohio
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases." Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and regulatory law (regulations promulgated by executive branch agencies).
Stare decisis (Anglo-Latin pronunciation: /ˈstɛəri dɨˈsaɪsɨs/) is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed." In a legal context, this is understood to mean that courts should generally abide by precedent and not disturb settled matters.
Mapp v. Ohio
Cuyahoga County (// or //) is a county located in the state of Ohio, United States. It is the most populous county in Ohio; according to the 2010 census, it has a population of 1,280,122 which is a decrease of 8.2% from 1,393,978 in 2000. Its county seat is Cleveland. Cuyahoga County is part of Greater Cleveland, a metropolitan area, and Northeast Ohio, a thirteen-county region, joined together in economic development initiatives. The county is named after the Iroquoian word Cuyahoga, which means 'crooked river'. The name is also assigned to the Cuyahoga River, which bisects the county. Former U.S. President James A. Garfield was born in what was Cuyahoga County's Orange Township.
Cuyahoga County was organized on June 7, 1807. It was later reduced by the creation of Huron, Lake, and Lorain Counties. It was named after the Cuyahoga River.
United States Constitution
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states.
United States v. Leon
Articles of the Constitution
Bill of Rights
Ker v. California
United States v. Leon, 468 U.S. 897 (1984), was a search and seizure case in which the Supreme Court of the United States created the "good faith" exception to the exclusionary rule.
On August 1981, police in Burbank, California received a tip identifying Patsy Stewart and Armando Sanchez as drug dealers. Police began surveillance of their homes and followed leads based on the cars that frequented the residences. The police identified Ricardo Del Castillo and Alberto Leon as also being involved in the operation. Based on this surveillance and information from a second informant, a detective wrote an affidavit and a judge issued a search warrant. The police conducted the search, but the search warrant was later found to be invalid because the police lacked the probable cause for a warrant to be issued in the first place. The evidence obtained in the search was upheld anyway, because the police performed the search in reliance on the warrant, meaning they acted in good faith. This became known as the good faith exception to the exclusionary rule.
Ker v. California, 374 U.S. 23 (1963), was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5-4.
George Douglas and Diane Ker (a married couple) were convicted of possession of marijuana in Southern California. The two were arrested after officers from the Los Angeles County Sheriff's Department saw George Ker meeting another person who was suspected of selling illegal drugs. Although lighting conditions and distance prevented the officers observing this meeting from seeing any exchange of money or drugs between Ker and the other man, they believed Ker was part of a drug-trading ring. After losing their prime suspect, the officers went to the Ker’s apartment and entered without consent or a warrant using a pass key supplied by the building manager. An officer observed a “brick-shaped package of green leafy substance” on the kitchen table and arrested both Kers. A subsequent warrantless search of the apartment and the Ker’s car found more packaged and loose marijuana and marijuana seeds, all of which was used as evidence against the Kers.
United States Supreme Court
The United States of America (USA), commonly referred to as the United States (US), America, or simply the States, is a federal republic consisting of 50 states, 16 territories, a federal district, and various overseas extraterritorial jurisdictions. The 48 contiguous states and the federal district of Washington, D.C., are in central North America between Canada and Mexico. The state of Alaska is the northwestern part of North America and the state of Hawaii is an archipelago in the mid-Pacific. The country also has five populated and nine unpopulated territories in the Pacific and the Caribbean. At 3.79 million square miles (9.83 million km2) in total and with around 316 million people, the United States is the fourth-largest country by total area and third largest by population. It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many countries. The geography and climate of the United States is also extremely diverse, and it is home to a wide variety of wildlife.
Paleo-indians migrated from Asia to what is now the US mainland around 15,000 years ago, with European colonization beginning in the 16th century. The United States emerged from 13 British colonies located along the Atlantic seaboard. Disputes between Great Britain and these colonies led to the American Revolution. On July 4, 1776, delegates from the 13 colonies unanimously issued the Declaration of Independence. The ensuing war ended in 1783 with the recognition of independence of the United States from the Kingdom of Great Britain, and was the first successful war of independence against a European colonial empire. The current Constitution was adopted on September 17, 1787. The first 10 amendments, collectively named the Bill of Rights, were ratified in 1791 and guarantee many fundamental civil rights and freedoms.
The Supreme Court of the United States (first abbreviated as Scotus in 1879) was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of the United States, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has jurisdiction.