Mapp v. Ohio, Fruit of the Poisonous Tree Flashcards | Quizlet
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Mapp v. Ohio, Fruit of the Poisonous Tree

Terms in this set (20)

What happened in Mapp v Ohio?
Police received info that an individual who was wanted for being in connection with a recent bombing, was hidind in Mapp's house. Police knocked on her door and demanded for enterance. Mapp didnt allow them to enter and they gained access by opening at least one door. Once they were inside, Mapp asked to see a search warrant. One of the officers held up a piece of paper claiming it was a search warrant. Mapp took the piece of paper and the police officer tool it back and handcuffed her. They took her to the basement and found a trunk containing lewd and lascivious books, pictures, and photos.
Ruling for Mapp v Ohio
5-3
Who was the Chief Justice Mapp v Ohio?
Chief Justice Earl Warren
Who wrote the majority opinion of Mapp v Ohio?
Justice Clark
Who wrote the dissenting opinion for Mapp v Ohio?
Justice Harlan
Who won in Mapp v Ohio?
Mapp
What does Harlan believe the ruling is?
Judicial Activism/ an overreach
What does Harlan say the justices are doing?
They are making law rather than ruling on the law that already exists
Was Mapp v Ohio unanimous?
No
Why was the ruling a 5-3 and not 6-3?
Because Justice Potter Stewart wrote a separate opinion not mentioning the exclusionary rule
The majority decides that the exclusionary rule is a what?
An essential part in both the 4 and 14th amendments
Justices in the majority stated that the exclusionary rule was necessary to make state authorities do what?
Abide by the requirements of the 4th amendment (keep officers honest)
What is the fruit of the poisonous tree doctrine?
All evidence that has been obtained or derived by exploiting unconstitutionally obtained evidence is deemed the fruit of the poisonous tree and is thus inadmissible at trial under the exclusionary rule
What does the poisonous tree represent?
Illegal search and seizure
What does the fruit represent?
The evidence
What are the three exceptions to the fruit of the poisonous tree doctrine?
-Independent Source
-Inevitable discovery
-Dissipation of the taint
Describe what independent source is
government can show that it had a legal independent source for the evidence
Describe what Inevitable discovery is
government would have discovered the evidence anyways
Describe what dissipation of the taint is
one of several factors may prevent illegally seized evidence from being treated as fruit such as an act of free will by the defendant, a lengthy casual chain between the illegality and seizure of the evidence, or a long time period between the illegality and seizure of the evidence
Give an example of Dissipation of the taint
Police illegally enters a house, sees marijuana on the table and arrests the owner. The owner is released on bail and then confesses to having marijuana. Hence, the evidence can be used
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