Question

Why was Dollree Mapp to use the fourth amendment to support her claim that the search violated her rights?

Answer 1

Answer:

B.) The fourteenth amendment's due process clause applies to the states.

Explanation:

Ms. Dollree Mapp was and Ohio resident.  The Ohio police suspected  Ms. Mapp and her daughter of sheltering guy suspected to be involved in bombing, they had forcefully entered her house and searched her house without a search warrant. During the search they found a chest full of obscene printed  materials . They arrested Mapp for it because possession of obscene materials is prohibited in Ohio.

Mapp Vs. Ohio was a case in which US supreme court ruled that the fourth amendment protected a person against unreasonable searches ans seizures from both federal and state government. In previous cases the court had ruled that federal government  ruled that as per exclusionary rule federal government cannot use evidences gathered without presenting a warrant to the court. But this rule was never applied to the state courts. In Dollree Mapp v. Ohio court ruled with a vote of six to three and stated that this exclusionary rule also applies to the states and the evidences gathered by illegal means cannot be used to convict someone.

Court rationale was based on the connection between the fourth and fifteenth amendments,  since the fourth amendment's right to property is enforceable against the states through the due process clause of fourteenth hence it is also enforceable to states governments as it is used against the Federal government.

Answer 2

B) the fourteenth amendment's due process clause applies to the states