Unwarranted

at the same time.

“Well, you know, I joke that there's a dark game which I was playing, which family member”

will disappoint today.

How to care for others without burning out in the process.

That's this week on Explained It To Me. Find new episodes, Sundays, wherever you get your podcasts. On the morning of May 20th in 1957, a man named Dawn King was alone at home. Dawn King wasn't famous yet as a boxing promoter, but in Cleveland he was known as the numbers are. Dawn King was about 25, so fairly young he was starting to also become very active in the boxing community.

This is Professor Carolyn Mall. When Dawn King was 10, his father was killed in an accident at his job at a steel factory. Dawn King and his brother started running an illegal lottery known as the numbers.

“They would sell peanuts to the gambling houses in town.”

Each bag of nuts contained a square paper with lottery numbers on it. They would show to get your hot roasted peanuts and your lucky number. By the time he was 25, he was well known for running illegal gambling in Cleveland. At one point he was making $15,000 a day from his gambling operation. The people who were involved were primarily from the African-American community and they were very much targeted by law enforcement

because of the assumption that it was connected to organized crime, which is why the vice squad always went after them.

In Cleveland, vice-crimes were handled by a unit called the Special Bureau of Investigation. One officer there was Sergeant Carl Delau. He arrested Dawn King for illegal gambling in 1954. But afterwards, Dawn King and Carl Delau became friendly and sometimes Dawn King told Carl about rival gambling operations.

“And that he had to pay money to local gangsters for protection.”

And then, on the morning of May 20, 1957, a bomb exploded under Dawn King's front porch. It was not a big bomb, but it was enough to scare someone. So it destroyed part of King's porch. It was obviously intentionally set. And he believed that people who were involved in gambling had set the bomb as a warning to him.

And he immediately called Carl Delau in this Bureau of Special Investigations because he was concerned about his own safety. A few days later, Carl Delau got an anonymous tip about the bomb. The tip said that a man named Virgil Ogletree, another number's game operator knew something about it. And that he was hiding at a house nearby. It belonged to someone Dawn King knew, a woman named Dahlree Map.

Dahlree Map was born on October 30, 1923. She grew up in a small town in Mississippi. Carolyn says that Dahlree told her that she was the strong will to the child. She told her parents that, quote, "She wanted to live her life her own way." When she was 10, they let her move in with her aunt and Cleveland.

When she was 15, she got pregnant and had a daughter. She stayed in Cleveland and later dropped out of school. When Dahlree was 21, she got engaged to a boxer named Jimmy Bivins. Dahlree said it was an abuse of relationship. She told Carolyn, "I had to leave him or kill him, and I wasn't ready to kill him."

But she didn't want to say much else. She said, "You know I'm not going to talk about that. I don't need to talk about that. He's a non entity. He's irrelevant to my life." Dahlree later dated another boxer, Archie Moore. They got engaged when she was 31, but broke up about a year later.

So she was really well-known in the community because not only of these relationships, but because of who she was. She was socializing with people and her name was well-known in the area. What did she look like? Well, at the time, she was strikingly attractive. She was in her early 30s.

She was very slender, high cheekbones, and an incredible fierce gaze that just captured you.

You could tell how confident she was as a young woman and also how defiant she was. Dahlree Map was stopped often by the police. On suspicion of being involved in illegal gambling.

They seem to look for ways to confront her.

Carl Dahlree referred to her as his arch enemy.

“And I think that was less because she was some prominent criminal and more that she was a young black woman who really pushed back.”

And was oftentimes accusing them of targeting her and the people she knew because of their race. And that it was unnecessary. And that it was really brutal to her and to her friends to be ended this constant scrutiny by police. And you know, Carl Dahlree, he was unapologetic about his job. He had been tasked to look into illegal gambling.

I remember speaking to him and he said, you know, we were well trained, you know, we were aggressive, but we were doing what the community wanted. We had a lot of wins, meaning there were a number of arrests that they were able to make to show their progress and cracking down on this behavior. The dynamic between an all white police force sort of going after people in these communities who are predominantly black was not really of concern to them because they were so certain that what they were doing was right.

“On May 23rd, 1957, three days after the bomb went off under Don King's porch, Carl Dahlree and two other officers went to Dahlree maps house.”

It was early afternoon and Dahlree heard her door knock and she looked out her second story window and saw three officers sort of pounding on the door.

And she yelled out the window, you know, what are you doing here and they said, you know, we just want to talk to you, Dahlree. And she said, well, what do you want to talk to me about? And they refused to tell her. And she said, well, I'm not going to let you in in my home. Dahlree map called her lawyer's office and they told her, she didn't have to let the police come in. And that if they want to speak to her about anything, they would have to produce a warrant which granted them access to her house.

And so after speaking to her attorney, she yelled out the window a second time that she was going to speak to them until they had a warrant. And then she closed the window and hope that they would leave.

The police officers went back to their car and drove a block away where Sergeant Dahlau called his boss.

And a supervisor said, you know, go back and talk to her and Dahlau said that they need to get a warrant. The supervisor said, you know, well, look into it. They're lieutenant called Dahlree map. She also told him she wouldn't let the officers in without a warrant. When she hung up, she saw Carl Dahlau and the other officers outside again. She called her lawyer's office again and asked if someone could come to her house.

A lawyer named Walter Green drove over. When he got there, it was around 430. He saw several police cars and about 15 police officers all outside Dahlree maps house. People next door were coming outside to see what was going on. Walter Green later said, it looked like something out of the movies. Her attorney, he noticed that three of the officers were trying to pry open her door with some sort of a tool and instrument like a crowbar.

Walter Green asked if they'd gotten a search warrant. He said if they showed it to Dahlree map, she would let them in. They wouldn't need to force their way in. Another officer arrived at the house. And Carl Dahlree's lawyer that now they had a warrant. Walter Green says he wasn't allowed to see it. One of the officers got the screen door open and broke a glass pane in the door to open it.

And so right when they've broken into the house, broken the panic glass, she starts to walk down her staircase to confront the officers.

“And she asks for a warrant. She said, where's your warrant?”

And one of the officers sort of waved a piece of paper. Dahlree map asked to see the search warrant. An officer named Lieutenant White showed her a piece of paper that he said was the warrant. When she asked to read it, he refused. And so she grabbed it and then put it down the front of her dress.

The officer who had the alleged warrant said, well, what are we going to do now? And Carl Dahlree said, well, I'm going after it. And then he reached into the dress by her bosom and then retrieved the piece of paper. And at no point during this short interaction did they show the piece of paper to map. They just insisted that they had a search warrant.

While about a dozen other officers continued to search her home.

She was calling out to her lawyer.

“Her lawyer had been denied access to see her or even speak to her.”

Police went to the apartment in the basement that Dahlree map ran it out to another woman. Inside they found Virgil Ogletree, the man who the anonymous tip said was connected to the bombing at Don King's house. And they found him and they arrested him because of course he had been named as a potential suspect in the bombing. And for all intents and purposes, the search should have ended there. But they were already in the house.

They had an enormous police presence in the area. So they looked at everything. They looked in her basement. They looked in her kitchen drawers.

Her drawers of her bedroom dresser, the closet.

She said, I had some diet pills and they were looking in the package of my diet pills. So it was a very intensive search. And at that point, I would suggest it as would map. They were looking for anything that might implicate her in some sort of criminal activity.

“But why if they had found the man they were there for?”

This Bureau of Special Investigations was explicitly formed by law enforcement to go after vice crimes. And so I think that they used this as an opportunity to find whatever we can to pin on her. They also had done searches like this with other people, meaning that they had searched other homes without police warns. They had detained other people without, you know, just cause. So for them, it was just another day.

But for map, of course, it was just a tremendous intrusion into her personal life. I'm Phoebe Judge. This is criminal. We'll be right back. To listen without ads, join criminal class.

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Taxes and fees extra. Seament mobile for details. What do they end up finding? They did find evidence of the numbers game. So there are slips of paper, was in a trunk in the basement.

And then when they searched her bedroom, they said they had found other material, and they came to her with a paper bag, and it had four books that they believed were obscene. The books were titled London Stage Affairs.

The affairs of a troubadour. Memories of a hotel man. And little darlings. They also found a new drawing. Dolphin app said that the officers,

"seem to enjoy them immensely." Police took Dolphin app to the station.

Dolphin app said that she knew Don King.

They were acquaintances.

“But she didn't know anything about the bomb at.”

Sergeant Talaou said Dolphin was very evasive in her answers, and that she was not making an effort to help the police. Police asked her about the four books they had found at her home. Dolphin said they belonged to a former tenant, who had moved out over a month earlier.

Officers questioned Virgil Ogletrie, who told them he had arrived at Dolphin app's house just before the police. He said he had once been involved with a gambling operation, but wasn't currently.

He said he'd been at home when the bomb went off at Don King's house,

and didn't know anything about it. Virgil Ogletrie was eventually released with no charges.

“Dolphin app was charged with possession of gambling paraphernalia.”

She spent the night in jail. But the next morning, a judge dismissed the charges, and Dolphin app went home. A local newspaper ran a story on the front page about her arrest. Police told the reporter that Miss Map was stubborn about letting them inside.

And then, a few days later, police filed new charges for possession of obscene materials. The law was written in such a way that even if you did not know you had material that was potentially obscene, if it was in your possession as an in your house,

law enforcement was able to make the argument that she had it in her possession and was therefore in violation of Ohio law. So they re-arrested her on violations of the obscenity statute, which actually was a felony in the state of Ohio. You can get up to seven years of prison.

The trial was scheduled for the next year. On September 3rd, 1958. You know, her interaction with law enforcement was tense. She had some real concern about whether or not she would get treated fairly in the justice system. As doll remaps lawyers were preparing for the trial,

they requested to see the warrant police had brought to doll risk house multiple times.

The prosecution never sent a copy.

Doll remaps lawyers filed a motion to suppress the books, found it doll remaps house. They didn't think the search was legal. They believed that there was no warrant. But a judge dismissed the motion. On the first day of the trial, an officer named Michael Haney testified that he was there

when Carl Delau found the books in doll risk bedroom. And then doll remaps lawyers asked him where the search warrant was now. Haney said, "I don't know."

“Doll risk lawyer asked if he could remember what the warrant said.”

Michael Haney said he could not. He said that doll rehab voluntarily welcomed the police inside. Carl Delau testified next. He said that the police did break into the house. He also said that another officer brought him the warrant right before that.

Doll remaps told the jury that she had grabbed the piece of paper that the police had said was a warrant, but she had not been able to see or read it. The prosecutor questioned her about the books, and if they were really hers. Doll risked again, they didn't belong to her. At the end of the trial, the jury deliberated for 20 minutes.

They found doll remaps guilty of possession of quote, "certainlood and the serious books." She was facing a one to seven-year sentence, and she was devastated. She was living with her young teenage daughter, and she was terrified that she'd been so easily convicted. Doll remap in her lawyers decided to try and appeal her conviction. Her lawyers wrote in their appeal that they believed that the obscenity law in Ohio violated doll remaps' constitutional rights.

The Supreme Court had just ruled the year before in 1957 on how to define obscene material. Before that, the standard had been to define something obscene if even a part of it was considered loomed. Now the court said that to be obscene the material taken as a whole had to appeal to period interest. Later that year, in the summer of 1957, two men were put on trial in San Francisco for obscenity. They ran a bookstore, and had been charged for selling Allen Ginsberg's book, Howell.

He wrote that he found the book had some quote, redeeming social importance.

“Doll remaps lawyers also wrote to the Ohio Court of Appeals that she was never allowed to see the police's search warrant,”

and that it was also never shown to her lawyers, or shown in court.

Doll remaps was allowed to be at home while the court was considering her appeal. It went on for months, and eventually went to the Ohio State Supreme Court. She just felt like the dameccly sword was over her head that there was going to come a point when she was going to have to serve a sentence. And so she told me, you know, she had two plans, and one of the plans was to flee. She didn't want it to have to come to that, but she also, you know, refused to be imprisoned for something that she did not do.

On March 23, 1960, the State Supreme Court handed down their decision on Doll remaps case.

“Four of the seven justices said that Ohio's obscenity law was unconstitutional, and that Dollories' conviction should be reversed.”

But Ohio's constitution required a supermajority. Six of the seven judges had to agree to declare a law unconstitutional. But all the justices had agreed that the search had been done without a warrant. One wrote that after looking at the evidence and trial testimony that, quote, "No warrant was offered an evidence. There is no testimony as to who issued any warrant, or as to what any warrant contained, and the absence from evidence of any such warrant is not explained or otherwise accounted for in the record."

Her lawyers filed a petition to the U.S. Supreme Court, a friend loaned her $8,000 to pay for the legal fees. They believed that focusing their arguments on the illegal search could help Dollories' case.

“In October of 1960, the Supreme Court agreed to hear her case.”

And then, the American Civil Liberties Union contacted Dollories' lawyers. They asked to file an Amicus brief, or a friend of the court brief. They said that they thought the police search had violated her Fourth Amendment rights.

So, the Fourth Amendment is sort of the first amendment in the Bill of Rights that deals with criminal procedure.

And the Fourth Amendment does two things. It has a clause that protects individuals from unreasonable searches and seizures. And then, there's another clause which requires that if police are going to engage in a search, that they have to get a warrant based upon probable cause that is presented before a neutral magistrate. The Fourth Amendment primarily applies to people, their homes, and their effects or their papers. And it is an amendment that the framers felt very strongly needed to be in the constitution, because some of the abuses that happened during colonial times.

In the 1700s, British officers would frequently search people's homes, looking for smuggled goods. They would say that they had the right to enter, because of a document called a rid of assistance. And a rid of assistance is nothing like a warrant. It's actually far more alarming. A rid of assistance is essentially a general writ that allows custom officers unlimited power to search people, their homes, and their effects. And it would stay in place, meaning that writ was active until the sovereign who had issued the writ had died.

And there was a lot of pushback because of the nature of these searches. And there's a moment when an attorney in Boston, James Otis, he was giving these fiery speeches about how they were really intruding upon, you know, our rights to be free from the government, you know, engaging in these general pervasive searches, sort of stirred the people in the audience. And one member in the audience was John Adams. John Adams was a young lawyer at the time. He later wrote that James Otis was a flame of fire, and that his speech was when American independence was then in their born.

Many years later, when John Adams was vice president, he would sign off on the Bill of Rights. It included several amendments about your rights if you're arrested. Over the past 140 years, the Supreme Court ruled on many cases about the Fourth Amendment, like if evidence collected on wiretaps needed a warrant or not, and whether copies made of illegally obtained evidence could be used in court. Carolyn says the Fourth Amendment is sometimes known as one of the most litigated provisions of the Bill of Rights.

But it wasn't until almost 1950 that the Supreme Court ruled on whether that should apply to state governments and police.

“It really came to the attention, you know, of the public, in a case in 1949 called Wolf versus Colorado.”

Julius Wolf was a doctor who had been arrested for performing abortions at the time it was illegal in Colorado. Police charged him based on patient records they found in his office, but they had taken the papers without a warrant. The case went to the Supreme Court, and the Justice has all agreed that the search had been illegal. Justice Felix Frankfurt wrote that the security of one's privacy against arbitrary intrusion by the police is basic to a free society.

It was a tremendously important decision because he as well as many new of the abuses of power law enforcement.

And so the declaration that it was now applied to state local officials was a really big deal. But Carolyn says that Justice Frankfurter left open the question of what to do with evidence if it was found in an illegal search.

“What happens when law enforcement engages in an unreasonable and illegal search?”

On that question, Frankfurter sort of very much refused to say that the exclusion of that illegally seized evidence should be discarded. He said that the states would have to decide on their own if they wanted to throw out evidence obtained in an illegal search known as the exclusionary rule. Dole remaps case was in the news a lot. The newspapers were mostly interested because of Ohio's obscenity law.

Dole remap drove to Washington for the first day of oral arguments at the Supreme Court on March 29, 1961.

She arrived today early and visited the Supreme Court building. She met a bailiff there who answered her questions about how the Supreme Court worked. And later, how she could find out when a decision had been made on her case. Dole remaps lawyer Alexander Kerns argued the case along with a lawyer from the ACLU. Alexander Kerns began his oral arguments by going step by step over when police broke into Dole's home. He went on for more than 16 minutes before Justice Frankfurter interrupted him.

Yes, sir honor. Yes, Robert you have a question that I've spoken before this court. The following I read the similar I can tell that any of these questions about the procedure are not a question yet. Yes, I'll ask you to overrule the world case in this court. The lawyer from the ACLU said yes, they wanted the court to reconsider. We'll fee Colorado. The case about the doctor whose papers have been taken without a warrant.

They thought that the evidence in Dole's case, the four books, should have been thrown out because the search was illegal. After the end of oral arguments, Dole remap went home. She asked the bailiff who she'd spoken to earlier if he would call her to let her know if a decision had come down yet. So he did. He called her every week for months. We'll be right back.

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That's code criminal at gruns.co. On June 19, 1961, Doll Remap got a phone call from the bailiff at the Supreme Court. He said, "You don't have to go to jail. It's all over." The Supreme Court had ruled that the police search on Doll Remap's home had been illegal under the Fourth Amendment. The evidence that they seized was ill-gotten because law enforcement had not had a warrant.

It meant that the arrest was invalid, and any of the evidence these dirty books would be excluded from trial, so it meant that she was free. Doll Remap told Carolyn, "It was a great relief that I didn't have to flee, that I didn't have to lose my daughter." At the time, about half the states in the country allowed for illegally seized evidence in state trials. The Supreme Court's decision made it so that every state in the country had to exclude illegally obtained evidence.

So it was a very big deal. Judicial scholars call it as sort of the first shot across the bow in the incorporation of criminal procedure protections.

Because what we saw happening was the court starting to pay attention to criminal procedure rights. It subsequently led to decisions like Miranda versus Arizona, which are protection against the right to self-incrimination, exclusion rules extended there. And so you had this cascading effect where the court starts to see that some of these other constitutional protections are also fundamental. Over the next decade, the court began ruling on several cases on the rights of criminal defendants. Some legal scholars have called it the due process revolution.

You get decisions like the Fifth Amendment right to be protected against self-incrimination. That if you are interrogated and you give a confession that's been caused, that that would be excluded from trial. Later, you know, the constitutional right to confront your witnesses, constitutional protections against double jeopardy. There's just a whole slew of cases that came after map, which just extended these protections to sixth amendment, right to council. So in Gideon versus Wayne Wright, all of these decisions happened because map Viohio paved the way by showing the court that these protections need to be extended to protect against state and local law enforcement practices.

Carl Delau, one of the officers who'd arrest a doll remap in Cleveland, said the decision was devastating. He told Carolyn that he thought the decision would tie our hands in law enforcement. Part of their reaction was shock because they did not think they were doing anything wrong because they had repeatedly engaged in these types of searches without a warrant. And there was a quite an uproar of how it would cuddle criminals, allow criminals to go free. There's a quote about, "Is the criminal to go free because the constables blundered?"

“The argument being, you know, why would we free criminals because law enforcement made a minor mistake?”

Well, the reason, of course, is that it shouldn't be engaging these types of searches in the first place.

Decades after searching doll remaps home, Carl Delau admitted to a law professor that he had not had a warrant when he entered. Since the Supreme Court ruled on doll remaps case, they've also decided on cases that would allow for police to do searches without warrants and certain circumstances.

That if you have a lower expectation of privacy, for instance, in your car where you're at, you don't need a warrant.

“What happened subsequent to map, you know, as some people have said, is if the Fourth Amendment looked like Swiss cheese. And so that's sort of the, where we are at now, where warrants are required in certain circumstances.”

As long as it doesn't fall into these exceptions, and then in many other circumstances law enforcement just has to behave reasonably, which, of course, is a fairly subjective standard. While remap eventually moved from Ohio to New York City, she lived in Queens and ran a used furniture store in Harlem. She hired a man to manage it for her. Police who learned that they were selling drugs together, they were eventually arrested for possession of heroin. It was a legitimate arrest. It was a legitimate search. She was ultimately convicted and is important to note that at this time, New York was taking a very firm stance against drugs, especially if you're trafficking drugs.

And she was given a 20-year sentence in prison.

She spent a lot of time in the prison's law library. She helped other people get their visitation rights. Doll reserved almost 10 years before her sentence was commuted in 1980.

“As she's leaving, she's been released. One of the guards said, you know, Ms. Mapp, I'll never forget you, and her response was, "I've forgotten you already."”

When she got out, she worked for a non-profit that gave legal assistance to people in prison. Carolyn Mung wrote a book about Mapp via Ohio. When she interviewed Dollry Mapp for it, Dollry was in her 80s.

She lived by herself in her home in Queens, sort of a modest house. She took care of herself. She ate a vegetarian diet.

She was walking around the neighborhood often, but she didn't sort of put herself out there as the champion of the Fourth Amendment. She just sort of lived her own life. Dollry Mapp died in 2014 on Halloween, just after her 91st birthday. Her great niece said, "My great aunt was very, very, very strong willed. She didn't prepare for death.

“I think Aunt Dollry thought she was going to live forever."”

Criminal is created by Lauren Spore, and me. Nadia Wilson is our senior producer, Katie Bishop, is our supervising producer. Our producers, our Susanna Robertson, Jackie Zagico, Lily Clark, and Lena Sellison. This episode was fact checked by Katie Cedarborg. Our show is mixed in engineered by Veronica Seminetti.

Julie and Alexander makes original illustrations for each episode of Criminal. You can see them at this iscriminal.com. And you can sign up for our newsletter at this iscriminal.com/newsletter. Carolyn Long's book is Mapp Viohaio, guarding against unreasonable searches and seizures. We hope you'll consider supporting our work by joining our membership program Criminal Plus.

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I'm Phoebe Judge, this is Criminal. [BLANK_AUDIO]