Mock trail script Hunter Owen 7th hour government May 14, 2012

Facts of mock case Jimmy, who had been spotted by a dean with a brown bag, ran out the back exit away from the dean. The dean followed him outside where Bill Jones who was walking towards his car realized what was happening between the dean and his friend jimmy. Jimmy quickly said something to him and before the dean could get to them Jones drove off with Jimmy in the car. The dean radioed his colleagues at the main exit to stop the vehicle. The colleague did so and when the dean arrived his searched both Jimmy and Jones for the bag. Then he searched the Car and found a piece with marijuana residue and a butterfly knife. Jones was originally charged with possession of illegal drugs and possession of a weapon. The charges were reversed when he appealed arguing that his 4th amendment right was violated due to a unreasonable search. He said the dean was only suppose to be looking for a brown bag.

Facts of Precedent case (Mapp v. Ohio) Police arrived at Mapps house after being tipped off that a fugitive was there. The police kicked down his door without a warrant and searched the house. They didnt find a fugitive but they found lascivious books and pictures in her possession which is a

violation of an ohio statue. The Supreme court agreed that it was a violation of the 4th amendment and they had no search warrant

Courts Reasoning In Precedents case The defendant, Mapp, was in the privacy of his own house and it was unconstitutional for police to break in without a search warrant. They were supposed to be looking for a fugitive so they had no reason to be looking in places where lascivious books and images were. His 4th amendment right was broken because the police did not have a right to violate his privacy so the evidence was considered unlawfully seized.

Difference between Jones v. Mapp In Jones case it was on school ground while in Mapps case it was in his own home. Also, the dean had a reason to search the car and isn't required to have a warrant while the police had to have a warrant before breaking into someones house.

Its also reasonable to suspect the weapon and the piece were what was in the brown bag.