Although she came to be known as merely "that girl with the dirty
books," Dollree Mapp was a poor but proud black woman who defied a
predominantly white police force by challenging the legality of its
search-and-seizure methods. Her case, which went all the way to the
Supreme Court, remains hotly debated and highly controversial
today.
In 1957, Cleveland police raided Mapp's home on a tip--from
future fight promoter Don "the Kid" King--that they'd find evidence
linked to a recent bombing. What they confiscated instead was
sexually explicit material that led to Mapp's conviction for
possessing "lewd and lascivious books"--a conviction that initially
pitted Ohio police and judges against Mapp and the American Civil
Liberties Union. At stake was not only the search-and-seizure
question but also the "exclusionary rule" concerning the use of
evidence not specified in a search warrant.
Carolyn Long follows the police raid into Mapp's home and then
chronicles the events that led to the Court's 5-4 ruling in Mapp v.
Ohio (1961), which redefined the rights of the accused and set
strict limits on how police could obtain and use evidence. Long
traces the case through the legal labyrinth, discusses the
controversies it created, and assesses its impact on police
behavior, as well as subsequent prosecutions and convictions of the
accused. She also analyzes Justice Tom Clark's creative use of
Mapp's case to overturn Wolf v. Colorado, which had ruled that the
Fourth Amendment's protection against unreasonable searches applied
only to federal law, and presents Justice John Harlan's strong
federalist-based dissent.
As entertaining as it is informative, Long's book features a
host of intriguing characters: Mapp, her seasoned and determined
attorney, A. L. Kearns, and police sergeant Carl Delau, among
others. Combined with her concise and insightful explanations of
key legal principles--including the exclusionary rule
itself--Long's deft narrative provides an ideal format for teachers
and students in criminology, legal history, constitutional law, and
political science, as well as anyone who loves a good story.
The Mapp case is still much debated, especially in light of the
recent reauthorization of the U.S. Patriot Act and the free rein
given to law enforcement officers in matters of search and seizure.
Long's compelling study thus poses important questions regarding
privacy and individual rights that still matter today, even as it
also illuminates one of the keystones of the Warren Court's
criminal procedure revolution.
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