Unwarranted

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in 1957 a man named don king was alone at home don king wasn't famous yet as a boxing promoter but in cleveland he was known as the numbers are don king was about 25 so fairly young he was starting to also become very active in the boxing community this is professor carolyn long when don king was 10 his father was killed in an accident at his job at a steel factory don 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 shout get your hot roasted peanuts and your lucky number by the time he was 25 don king was 10 and his father was killed in an accident at the age of 25 he was well known for running illegal gambling in cleveland at one point he was making fifteen thousand dollars 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 justice and the vice squad was a unit called the special bureau of justice and the vice squad of investigation one officer there was sergeant carl de lao he'd arrested don king for illegal gambling in 1954 but afterwards don king and carl de lao became friendly and sometimes don 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 20th 1956 a bomb exploded under don 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 de lao and this bureau of special investigations because he was concerned about his own safety a few days later carl de lao got an anonymous tip about the bomb the tip said that a man named virgil ogletree another numbers game operator knew something about it and that he was hiding at a house nearby it belonged to someone don king knew a woman named doll remap doll remap was born on october 30th 1923 she grew up in a small town in mississippi carolyn says that doll remap told her that she was strong-willed as a 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 in cleveland when she was 15 she got pregnant and had a daughter she stayed in cleveland and later dropped out of school when doll remap was 21 she got engaged to a boxer named jimmy bivins doll remap said it was an abusive 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 doll remap said it was an abusive 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 he's another boxer an incredible fierce gaze that just captured you you could you could tell how confident she was as a young woman and also how defiant she was doll remap was stopped often by the police on suspicion of being involved in illegal gambling she had not been arrested at this point but she certainly had been detained and questioned and and in her mind harassed by law enforcement they they seem to look for ways to confront her carl de lao 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 of targeting her and the people she knew because of their race and uh that it was unnecessary and that it was really uh brutal to her and to her friends to be under this constant scrutiny by police um and you know carl de lao 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 who were 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 de lao and two other officers went to dollry map's house it was early afternoon and dollry 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 dolly and she said well what do you want to talk to me about and they refused to tell her uh and she said well i'm not going to let you in uh in my home dollry map called her lawyer's office and they told her she didn't have to let the police come in and that if they wanted 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 wasn't going to speak to them until they had a warrant and then she closed the window and and hoped that they would leave the police officers went back to their car and drove a block away where sergeant de lao called his boss and a supervisor said um you know go back and talk to her and uh de lao said that they needed to get a warrant the supervisor said you know we'll look into it their lieutenant called dollry map she also told him she wouldn't let the officers in without a warrant when she hung up she saw carl de lao 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 4 30 he saw several police cars and about 15 police officers all outside dollry map's 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 had gotten a search warrant he said if they showed it to dollry map she would let them in they wouldn't need to force their way in another officer arrived at the house and carl de lao told dollry's lawyer that now they had a warrant walter green says he wasn't allowed to see it one of the officers told de lao that they were going to let them in but de lao told him that he wasn't allowed to see it 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 pane of 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 doll remap asked to see the search warrant an officer named lieutenant one 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 DeLau said, well, I'm going after it. And then he reached, you know, 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, you know, a search warrant. Police handcuffed Dahlry MAP to an officer, 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 Dahlry MAP rented 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. 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, 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? Um, 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 warrants. 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+. Support for Criminal comes from NetSuite. Making sure your business keeps up with the competition can be complicated. NetSuite Next can make things simple. NetSuite is the AI-powered business management suite that securely connects all of your data. It's trusted by over 43,000 customers. NetSuite Next is the next big leap in how business gets done, because AI is built into everything you do. It automatically shows you custom insights throughout your day. AI agents work alongside you to solve problems and handle routine work. And anytime you have a question about anything, you can just ask it. Whether your company earns millions or even hundreds of millions, check out NetSuite Next, where your business meets AI. For the first time ever, you can try NetSuite Next for free. If your revenues are at least in the seven figures, go to netsuite.ai/criminal. Built for every industry, ready for every boardroom. netsuite.ai/criminal. Support for Criminal comes from Quince. Her lawyers wrote in their appeal that they believed that the obscenity law in Ohio violated Dalry's 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 as obscene if even a part of it was considered lewd. Now the court said that to be obscene, the material taken as a whole had to appeal to purient 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, Howl. A judge found them not guilty. He wrote that he found the book had some, quote, redeeming social importance. Dalry Mapp's 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. Dalry 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 Damocles 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 points. 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 Dahlry Mapp's case. Four of the seven justices said that Ohio's obscenity law was unconstitutional, and that Dahlry's 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 in evidence. There was 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 Dahlry's case. In October of 1960, the Supreme Court ruled that the search for Dahlry Mapp was unconstitutional, and that, the Supreme Court agreed to hear her case. And then, the American Civil Liberties Union contacted Dahlry's lawyers. They asked to file an amicus brief, or 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 the 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 Supreme Court has not yet passed. So, the Supreme Court has not yet passed a law that would allow the police to search for Dahlry Mapp. 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. It 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 and there 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. 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. By 1914, the Supreme Court had ruled that the federal government could not use evidence seized without a valid warrant. 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 Wolfe v. Colorado. Julius Wolfe was a doctor who'd been arrested for the first time in his life. He was a doctor who had been arrested for the first time in his life. He 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 justices all agreed that the search had been illegal. Justice Felix Frankfurter 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, knew of the abuses of power in law enforcement. And so the declaration that it was now applied to state and 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 or illegal search? Justice Frankfurter wrote that the security of one's privacy against arbitrary intrusion by the police is basic to a free society. But Carolyn says that the security of one's privacy against arbitrary intrusion by the police is basic to a free society. What happens when law enforcement engages in an 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. Dalrymapp's case was in the news a lot. The newspapers were mostly interested because of Ohio's obscenity law. It got a lot of attention. Mapp ended up having a level of notoriety because people were watching this case. Issues of obscenity were on people's minds. Nobody thought that it would involve the exclusionary rule. Dalrymapp drove to Washington for the first day of oral arguments at the Supreme Court on March 29, 1961. She arrived a day early and visited the Supreme Court building. She met a bailiff there who answered her question. She asked questions about how the Supreme Court worked, and later how she could find out when a decision had been made on her case. Dalrymapp's lawyer, Alexander Kearns, argued the case along with a lawyer from the ACLU. Alexander Kearns began his oral arguments by going step by step over when police broke into Dalry's home. He went on for more than 16 minutes before Justice Frankfurter interrupted him. Mr. Kearns, may I trouble you to tell us what you deem to be the questions that are open before this court. As far as I read the syllabi, I can tell that any of these questions about search and seizure are you asking us to overrule the Wolf case in this court? The lawyer from the ACLU said yes. They wanted the court to reconsider. The court decided to go with the case of the doctor whose papers had been taken without a warrant. They thought that the evidence in Dalry's case, the four books, should have been thrown out because the search was illegal. After the end of oral arguments, Dalrymapp 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. Support for Criminal comes from Mint Mobile. If you're looking for ways to save money this summer, then you can start by lowering some of your expensive monthly bills. Like your phone bill. Mint Mobile can help. Right now, all of Mint's plans are only $15 per month. All of their plans come with high-speed 5G data and unlimited talk and text. We have a friend who switched to Mint Mobile and says he's saving money every month since he made the change. To get your new wireless plan for just $15 a month, go to mintmobile.com slash phoebe. That's mintmobile.com slash phoebe. 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We're on Facebook at This Is Criminal, and Instagram and TikTok at criminal underscore podcast. We're also on YouTube at youtube.com slash criminal podcast. Criminal is part of the Vox Media Podcast Network. Discover more great shows at podcast.voxmedia.com I'm Phoebe Judge. This is Criminal. Hank joined BJ's Wholesale Club the day he became a father of 30. I coach football. Now, Coach Hank saves up to 25% off grocery store prices. 30 pounds of pasta, 3 cases of protein bars, 75 sports drinks. And that's just pregame. He knows teamwork, and BJ's knows savings. This is your home, Coach. Home of the Save. Join for just $20 at bjs.com slash mesquite and save 10 cents per gallon for 6 months. Open soon. Limited time offer. New members only. BJ's. Home of the Save. Hello. Look what TJ Maxx dragged in. The Devil Wears Prada 2 is now streaming on Disney Plus and Hulu. We are digital. We are downloadable. We are streamable. The fashion event of the year is certified fresh. 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