Code of Criminal Procedure · Mapp v. Ohio

Mapp v. Ohio

Mapp v. Ohio is covered under Mapp v. Ohio and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Fourth Amendment incorporated against states via 14th Amendment; Federal exclusionary rule applies in state courts; Texas adds Art. 38.23 (broader statutory exclusion).

Elements you must prove

  • Fourth Amendment incorporated against states via 14th Amendment
  • Federal exclusionary rule applies in state courts
  • Texas adds Art. 38.23 (broader statutory exclusion)

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Worked examples

Worked example 1

Under Mapp v. Ohio (1961), the federal exclusionary rule applies to:

  1. Federal cases only
  2. All state criminal proceedings via the Fourteenth Amendment Correct
  3. Civil cases only
  4. Only federal felony cases
Why: Mapp incorporated the federal exclusionary rule against the states. Texas additionally has its broader statutory exclusionary rule under Art. 38.23.
Statute: Mapp v. Ohio, 367 U.S. 643 (1961)