NCJ Number
57943
Date Published
1978
Length
186 pages
Annotation
A DRUG AGENT'S GUIDE TO SEARCH AND SEIZURE, THIS VOLUME PRESENTS RULES BASED UPON THE 4TH AMENDMENT MANDATING SEARCH AND PROBABLE CAUSE REQUIREMENTS, WARRANT STIPULATIONS, ELEMENTS OF CONSENT, AND OTHER REGULATIONS.
Abstract
A KNOWLEDGE OF THE BASIC RULES OF SEARCH AND SEIZURE IS ESSENTIAL TO OPERATIONS OF DRUG ENFORCEMENT OFFICERS, AS WELL AS DEVELOPMENT OF A LOGICAL SYSTEM TO APPLY THE RULES TO ANY PROBLEM. THIS OUTLINE CONTAINS A SUMMARY OF THE BASIC SEARCH AND SEIZURE RULES THAT SHOULD BE MEMORIZED BY AGENTS. IT IDENTIFIES THE KEY RULES, REFERRED TO AS 'ELEMENTS' OF LAW AND PROVIDES EXAMPLES SHOWING HOW THESE KEY PRINCIPLES APPLY TO MOST COMMON DRUG CASES. THE CONTENT EXPLAINS THE NATURE OF A SEARCH, DEFINES OPEN VIEW, ABANDONED PROPERTY, TRASH SEARCHES, AND EAVESDROPPING. PROBABLE CAUSE ALSO IS DELINEATED WITH DISCUSSION ON ITS FACTS AND CIRCUMSTANCES, THE EFFECT OF TIME ON CAUSE, CORRABORATION, AND THE ROLE OF EYEWITNESSES. WARRANT REQUIREMENTS ARE COVERED: ITEMS TO BE CONTAINED IN A WARRANT, THE EXECUTION OF THE WARRANT, RESTRICTIONS ON AREA SEARCHED, AND THE IMPLICATIONS OF A FORCED ENTRY. EXIGENT CIRCUMSTANCES, WARRANT EXCEPTIONS, PLAIN VIEW, FORFEITURE, ROUTINE INVENTORY, BORDER, AND REGULATORY INSPECTIONS ARE COVERED IN DETAIL. (DAG)