NCJ Number
81023
Date Published
1950
Length
170 pages
Annotation
Guidance is given North Carolina law enforcement officers for fulfilling the letter and spirit of the law of search and seizure.
Abstract
Discussion of a search under a valid search warrant considers requisites of a valid search warrant and executing the warrant. The requisites of a valid search warrant deal with the persons empowered to issue search warrants, objects for which search warrants may be issued, probable cause, the oath or affirmation, and description of the place to be searched or the person or things to be seized. Topics discussed in the section on executing the warrant include liability in issuing and executing search warrants, when and where the search warrant may be executed, places subject to search under the warrant, things subject to seizure under the warrant, showing or reading the warrant to the person in charge of the premises, and return of the warrant. In the context of a search without a warrant, attention is given to the search of cars and other movable vehicles and a search incident to a lawful arrest. The discussion of situations not covered by the constitutional limitations treats seizure where no search is involved, determining what places fall within the terms of the fourth amendment, removal of the constitutional immunity by waiver, searches by persons other than agents of the prosecuting government, and violation of rights not held by the person objecting. Methods of controlling illegal searches and criticism of methods available for controlling illegal searches are considered as consequences of unreasonable search and seizure. Chapter notes and about 60 bibliographic listings are provided.