Mapp v. Ohio · ¶61

The Ohio Supreme Court sustained the conviction even though it was based on the documents obtained in the lawless search. For in Ohio evidence obtained by an unlawful search and seizure is admissible in a criminal prosecution at least where it was not taken from the “defendant’s person by the use of brutal or offensive force against defendant.” State v. Mapp, 170 Ohio St. 427, 166 N. E. 2d, at 388, syllabus 2; State v. Lindway, 131 Ohio St. 166, 2 N. E. 2d 490. This evidence would have been inadmissible in a federal prosecution. Weeks v. United States, 232 U. S. 383; Elkins v. United States, 364 U. S. 206. For, as stated in the former decision, “The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints....” Id., 391-392. It was therefore held that evidence obtained…

U. S. Reports, bound volume
U. S. Reports, volume 367, at 643 (Library of Congress) · transcription: Caselaw Access Project
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