What is a Warrant A Warrant is a court order specifically describing the person, place or thing to be seized or searched. How Do They Get a Warrant? A governmental official applies to the court to try to obtain permission for them to invade your privacy to obtain information that may be useful to them in convicting someone -- probably yourself, or someone you know, of a crime. In the application, they have to be specific about their allegations, i.
Miss Mapp and her daughter by a former marriage lived on the top floor of the two-family dwelling. Upon their arrival at that house, the officers knocked on the door and demanded entrance, but appellant, 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. The officers again sought entrance some three hours later when four or more additional officers arrived on the scene.
When Miss Mapp did not come to the door immediately, at least one of the several doors to the house was forcibly opened [n2] and the policemen gained admittance.
It appears that Miss Mapp was halfway down the stairs from the upper floor to the front door when the officers, in this highhanded manner, broke into the hall. She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of the officers.
She grabbed the "warrant" and placed it in her bosom. A struggle ensued in which the officers recovered the piece of paper and as a result of which they handcuffed appellant because she had been "belligerent" [p] in resisting their official rescue of the "warrant" from her person.
Running roughshod over appellant, a policeman "grabbed" her, "twisted [her] hand," and she "yelled [and] pleaded with him" because "it was hurting.
They also looked into a photo album and through personal papers belonging to the appellant. The basement of the building and a trunk found therein were also searched.
The obscene materials for possession of which she was ultimately convicted were discovered in the course of that widespread search. At the trial, no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. The State says that, even if the search were made without authority, or otherwise unreasonably, it is not prevented from using the unconstitutionally seized evidence at trial, citing Wolf v.
On this appeal, of which we have noted probable jurisdiction, U. United States, U. It is not the breaking of his doors, and the rummaging of his drawers, [p] that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property.
The Court noted that constitutional provisions for the security of person and property should be liberally construed. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.
I Annals of Cong. Concluding, the Court specifically referred to the use of the evidence there seized as "unconstitutional. Less than 30 years after Boyd, this Court, in Weeks v.Miranda decision reveals that Miranda is a case that has encapsulated the nation’s beliefs and, while subject to the ebbs and flows that come with an elastic and accommodating form of .
Date: Case Style: Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania Case Number: Judge: Krause Court: United States Court of Appeals for the Sixth Circuit on appeal from the Esstern District of Pennsylvania (Philadelphia County) Plaintiff's Attorney: Mike Quirk and Gerald .
Updated by Gregory Bass, by Jeffrey S. Gutman. Federal courts have a “virtually unflagging obligation” to exercise the jurisdiction vested in them by Congress.1 Nonetheless, the Supreme Court has identified certain important countervailing interests that have justified the development of doctrines under which federal courts have .
X ~~~~~ The Importance of Miranda By~Panda Bear. Self-Incrimination ~ Right to Know the Nature of the Investigation ~ Warrantless Search~ Notable Cases ~ What is "in loco parentis"? "You have the Right to remain silent, anything you say. Defending individual rights in higher education.
About Us. FIRE’s mission is to defend and sustain the individual rights of students and faculty members at . TOP. Dissent. HARLAN, J., Dissenting Opinion. MR. JUSTICE HARLAN, whom MR. JUSTICE FRANKFURTER and MR. JUSTICE WHITTAKER join, dissenting. In overruling the Wolf case, the Court, in my opinion, has forgotten the sense of judicial restraint which, with due regard for stare decisis, is one element that should enter into deciding .