Mapp v. Ohio

367 U.S. 643 (1961)


Three Cleveland police officers arrived at D's residence on information that 'a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home.' D and her daughter by a former marriage lived on the top floor of the two-family dwelling. The officers knocked on the door and demanded entrance but D, after telephoning her attorney, refused to admit them without a search warrant. They advised their headquarters of the situation and undertook a surveillance of the house. Three hours later when four or more additional officers arrived on the scene, they knocked again. When D did not come to the door immediately, one of the several doors to the house was forcibly opened, and the policemen gained admittance. D's attorney arrived, but the officers, having secured their own entry would permit him neither to see D nor to enter the house. D demanded to see the search warrant. An officer showed D an alleged search warrant. D grabbed the warrant and placed it in her bosom. It was recovered by an officer and D was restrained. Eventually, obscene materials for which she was ultimately convicted were discovered in the search of the house. There is doubt whether or not there ever was a search warrant, as it was never produced at trial. D was convicted, and the Ohio Supreme Court affirmed.