Which supreme court case established that it was unconstitutional to search a person’s personal property without a proper search warrant?
hernandez v. texas
roe v. wade
gideon v. wainright
tinker v. des moines
mapp v. ohio

I believe the answer is: Mapp v Ohio

Mapp v Ohio was considered to be a landmark case in which united states court ruled out that the agents of justice departments are banned to conduct "unreasonable search and seizures". This make polices unable to search a private property without a warrant unless they hear a scream, cry for help or gun shot.

A Supreme Court case founded that it was unauthorized to search a person’s personal property without a proper search warrant is Mapp v. Ohio. Furthermore, Mapp v. Ohio, 367 U.S. 643 (1961) was a breakthrough case in criminal process, in which the United States Supreme Court determined that evidence gained in abuse of the Fourth Amendment which defends opposed to "unreasonable seizures and searches," cannot be operated in state courts, state law criminal trials, and federal criminal law trials in federal courts as had previously been the law.

EXPLANATION:

The Supreme Court completed this by usage of a popular standard as selective integration; in Mapp this included the integration of the necessities, as construed by the Court, of the Fourth Amendment which is related only to acts of the federal government into the Fourteenth Amendment expected process clause which is related to acts of the states.

Particular investigations don't need a search warrant. For example,

•Consent: a permit is not needed when an individual in control of the property or object gives consent for the investigation.

•Hot chase of a criminal (to avert a criminal’s escape or aptitude to harm others);

•Forthcoming demolition of proof: where evidence might be demolished before an investigation can be properly gained;

•Emergency investigations: such as where there is somebody is heard yelling for help inside a residence; or

•Investigation incident to capture (to alleviate the risk of damage to the seizing officers specifically).

•Public safety: a warrantless investigation may be allowable in an emergency condition where the public is in a risky situation.

•Plain view: the proof is in the basic view of law enforcement officials, from a legal vantage point (with similar exclusions that involve basic smell, where the officer notices a scent that shows the occurrence of criminal activity or contraband).

In the case of a plain view, the official is legally on the assertions, his surveillance is from a lawful vantage point, and it is instantly obvious that the proof is contraband. The plain view rule implements, for instance, when the official has dragged the accused for a seat belt defilement and ensures a syringe on the seat of the passenger.

LEARN MORE

If you’re interested in learning more about this topic, we recommend you to also take a look at the following questions:

•Which Supreme Court case established that it was unconstitutional to search a person’s personal property without a proper search warrant? link

KEYWORDS: unreasonable searches and seizures, Mapp v. Ohio

Subject  : History

Class  : 10-12

Sub-Chapter: American Law History

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