NCJ Number
14022
Date Published
1974
Length
237 pages
Annotation
A DISCUSSION OF THE FOURTH AMENDMENT GUARANTEES AGAINST UNREASONABLE SEARCH AND SEIZURE AS THEY HAVE BEEN INTERPRETED IN SUPREME COURT DECISIONS.
Abstract
THIS VOLUME IS DESIGNED TO SERVE AS A BASIC TEXT ON APPLICABLE LAWS, TO PROVIDE A SOURCE OF REFERENCE MATERIALS TO FACILITATE QUICK RESEARCH ON SEARCH AND SEIZURE, AND TO PROVIDE SERIOUS STUDENTS WITH LEGAL PROBLEMS THAT REQUIRE COMPLEX ANALYSIS. FOCUSING ON THE CONSTITUTIONAL GUARANTEES AGAINST UNREASONABLE SEARCH AND SEIZURE AS EMBODIED IN THE FOURTH AMENDMENT, THE PRESENTATION APPROPRIATELY OPENS WITH THE AMENDMENT'S HISTORY (ESPECIALLY SUBSEQUENT TO MAPP V. OHIO IN WHICH IT WAS APPLIED TO ALL GOVERNMENT ORGANIZATIONS IN BOTH FEDERAL AND STATE COURTS). THE REQUIREMENTS NECESSARY FOR LAWFUL DETENTION, ARREST, SEARCH, AND OBTAINING SEARCH WARRANTS ARE DELINEATED IN THE FIRST FEW CHAPTERS. MORE SPECIFIC CASES ARE TREATED IN SECTIONS DEALING WITH THE RELATIONSHIP BETWEEN A SEARCH AND THE ARREST, CONSENT SEARCHES, AND SEARCHES WITHOUT WARRANTS. THE APPLICATIONS OF THE FOURTH AMENDMENT TO CERTAIN QUASI-CRIMINAL PROCEEDINGS PRECEDE DISCUSSIONS OF THE EXPLOITATION OF UNLAWFUL ARREST OR SEARCH, ENTRY, WIRETAPPING AND EAVESDROPPING, THE USE OF FORCE TO OBTAIN EVIDENCE, AND THE ADMISSIBILITY OF CONFESSIONS WITH REGARD TO ARREST PROCEDURES. MANY OF THE CHAPTERS END WITH A LIST OF RELEVANT CASES AND A SET OF DISCUSSION QUESTIONS. (SNI ABSTRACT)