Mapp V. Ohio
Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together, the elements will highlight the way the Bill of Rights is applicable. ("Barron V. Baltimore," 2007) ("U.S.V. Cruickshank," 2010)
State the facts that are relevant and not relevant in the fact pattern
In the fictional case, Detective Mark Quick Draw is using a confidential informant to provide him with information about Sally Martin. Her address is known for being a drug house and it is believed that this kind of activity is occurring at the location. To confirm this Quick Draw sends in his confidential informant. He returns 20 minutes later with some cocaine. They subsequently tell the police that there is a rectangular looking package sitting in an open garbage bag and number of scales. The combination...
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