Exclusionary Rule In The Gideon V. Ohio Case

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Case Law Paper Last Friday, Thompson was arrested on reasonable suspicion for burglary of an inhabited dwelling, 459 PC. Reasonable suspicion was established in 1968 by the Terry v Ohio case. In the Terry v Ohio case an officer had observed 3 men “casing” a store. When the officer asked their name they had mumbled a response. The officer then spun Terry around while patting him down and found a weapon. Terry tried to get the weapon dropped due to illegal search and seizure but was denied due to the fact that an officer is justified in conducting a brief search of a person whom is found to be potentially dangerous. Before an officer can interrogate a person according to the sixth amendment, they must be told the right to a counsel. This comes about after the Gideon v Wainwright case in 1961. A burglary had occurred at a pool lounge. Police arrested Gideon after they found him nearby with…show more content…
Was the evidence obtained unconstitutionally? The Exclusionary Rule states that is prohibits any unconstitutionally obtained evidence at trial. The United States Supreme Court applied Exclusionary Rule to two main cases in our history, the Weeks v United States Case and the Mapp v Ohio case. The Weeks v United states case was implicated at the federal level while the Mapp v Ohio was at the state level. In the Mapp v Ohio case it was believed that Mapp may be hiding a person suspected in a bombing. Police went to her door and demanded to be let in, she denied them entry. Eventually, after forcing their way into her residence they found pornographic material. They arrested and charged her with violating the Ohio state law that states that no person should be in possession of any kind of obscene materials. She was found guilty. When taking it to the Supreme Court it was said that any evidence obtained through a search that violates the fourth amendment is inadmissible in court due to the Exclusionary

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