In Mapp v. Ohio (1961), which Amendment's protection applies to state actions through the Fourteenth Amendment, guiding the exclusionary rule?

• A. The Fourth Amendment's protection against unreasonable searches and seizures applies to the states via the Fourteenth Amendment.
• B. The Fifth Amendment's protection against self-incrimination applies to the states.
• C. The Eighth Amendment's protection against excessive fines applies to the states.
• D. The Sixth Amendment's right to counsel applies to the states.

Answer: (A)

The main idea is incorporation of the Fourth Amendment through the Fourteenth. Mapp v. Ohio held that the Fourth Amendment’s protection against unreasonable searches and seizures applies to state governments via the Fourteenth Amendment’s Due Process Clause. Because of that incorporation, evidence obtained in violation of the Fourth Amendment cannot be used in state court—this is the exclusionary rule extended to the states after Weeks established it for the federal government. The other amendments protect different rights and aren’t the basis for this specific remedy in state prosecutions.