Mapp v. Ohio (1961)

Search & Seizure, Exclusionary Rule, Due Process

Overview

“. . . our holding that the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments is not only the logical dictate of prior cases, but it also makes very good sense. There is no war between the Constitution and common sense.”

Justice Thomas Clark, speaking for the majority

This case explores the legal concepts of due process and search and seizure.

Suspicious that Dollree Mapp might be hiding a person suspected in a bombing, the police demanded entrance to her home. Mapp refused to let them in because they did not have a warrant. The police later forced their way into her house. They were holding up a piece of paper, but when Mapp demanded to see their search warrant, they would not show it to her. As a result of their search, the police found a trunk containing pornographic materials. They arrested Mapp and charged her with violating an Ohio law against the possession of obscene materials. She was found guilty in court and sentenced to jail. After losing an appeal to the Ohio Supreme Court, Mapp took her case to the U.S. Supreme Court. The Court determined that evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts.

For Students

This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities.

About the Case

Full Case Summaries

A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.

Case Background and Vocabulary

Important background information and related vocabulary terms.

Visuals

Decision

Learning Activities

The Case

After the Case

For Teachers

This section is for teachers.

Use the links below to access:

student versions of the activities in .PDF and Word formats
how to differentiate and adapt the materials
how to scaffold the activities
how to extend the activities
technology suggestions
answers to select activities

(Learn more about Street Law's commitment and approach to quality curriculum.)

About the Case

Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at a high school and middle school levels.
Case Background: Background information at three reading levels.
Case Vocabulary: Important related vocabulary terms at two reading levels.
Diagram of How the Case Moved Through the Court System
Case Summary Graphic Organizer
Decision: A summary of the decision and key excerpts from the opinion(s).

Learning Activities

The Case

Classifying Argument Activity
Fourth Amendment Analysis
Judicial Opinion Writing Activity
Search Warrants: What Are They and How Do They Work?
When is a Warrant Not Needed?
Opinion Analysis

After the Case

Teacher Resources

Teaching Strategies Used

Landmark Cases Glossary

The LandmarkCases.org glossary compiles all of the important vocab terms from case materials. It is provided as a view-only Google Sheet.

Glossary

Planning Time and Activities

If you have one day . . .

Read the background summary (•••, ••, •) and answer the questions.
If you have not introduced the Fourth Amendment, Complete Fourth Amendment Analysis.
Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
For homework, have students read the Key Excerpts from the Majority Opinion, Key Excerpts from the Concurring Opinion, and Key Excerpts from the Dissenting Opinion answer the questions. Follow-up the next day by reviewing the questions with students.

If you have two days . . .

Complete the activities for the first day (excluding homework).
Complete Judicial Opinion Writing Activity.
For homework, have students read the Key Excerpts from the Majority Opinion, Key Excerpts from the Concurring Opinion, and Key Excerpts from the Dissenting Opinion answer the questions. Follow-up the next day by reviewing the questions with students.

If you have three days . . .

Note to teachers: We recommend that you invite a community resource person, such as a police officer, judge, or lawyer, to assist in the activities described here for day three. Many of the scenarios are tricky and the answers can depend upon the nuances of state law.

Complete the activities for the first and second days (including homework).
Complete the activity titled "Search Warrants: What Are They and How Do They Work?"
Next, complete the activity titled "When is a Search Warrant Not Needed?"

If you have four days . . .

Complete the activities for the first, second, and third days.
On the fourth day, complete the Document Analysis: “Impeach Earl Warren” Postcard Activity.
Complete the Inquiry-based Task: What’s Your Opinion? (Carpenter v. United States). For advanced classes, consider completing Senate Debate: Abolishing the Exclusionary Rule.

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