San Diego, CA asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for California

Q: The case of Mapp vs OHIO applies to all state court rooms? Like CPS cases?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: The Mapp v. Ohio decision, which established the exclusionary rule, generally applies to all state criminal court proceedings, effectively barring the use of evidence obtained in violation of the Fourth Amendment. However, the applicability of the exclusionary rule in Child Protective Services (CPS) cases can be more nuanced and may not be as straightforward as in criminal cases. Whether Mapp v. Ohio's principles would be invoked in a CPS case could depend on various factors, such as the nature of the evidence and how it was obtained.

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