NCJ Number
11016
Date Published
1972
Length
85 pages
Annotation
MANUAL EXAMINING PROCEDURES INVOLVED IN OBTAINING AND EXECUTING SEARCH WARRANTS, CONSENT SEARCHES, AND SEARCHES OF PERSONS, PREMISES, AND VEHICLES.
Abstract
THE CONSTITUTION, TOGETHER WITH ITS AMENDMENTS, IS DESIGNED TO STRIKE A BALANCE BETWEEN THE NEED TO PROVIDE FOR EFFECTIVE GOVERNMENT AND THE NEED TO PRESERVE INDIVIDUAL LIBERTIES. IN ACCORDANCE WITH THE FOURTH AMENDMENT, AN AGENT MUST CONSIDER THE REASONABLENESS OF THE SEARCH AND THE PROBABLE CAUSE TO SUPPORT THE SEARCH. IN SEEKING OR EXECUTING A SEARCH WARRANT, AN AGENT MUST ALSO CONSIDER THE EXPLICIT CARE WITH WHICH THE PERSONS, PLACES, OR ITEMS ARE DESCRIBED. SELECTED TOPICS OUTLINE THE INSTANCES FOR WHICH A WARRANT SHOULD BE OBTAINED SEARCH INCIDENTAL TO ARREST, AND LIMITATIONS OF SEARCH WARRANTS. THE BOOK POINTS OUT THAT AN INDIVIDUAL MUST BE AWARE OF HIS RIGHTS, AND THAT CONSENT MUST BE VOLUNTARY, CLEAR, AND EXPLICIT. CAPACITY, SCOPE, AND REVOCATION OF CONSENT ARE ALSO REVIEWED. ADDITIONAL MATERIAL CONCERNS PROVISIONS OF 'STANDING'. THIS REFERS TO THE SUPPRESSION OF ILLEGALLY SEIZED EVIDENCE. A DEFENDANT WHO IS LEGALLY ENTITLED TO INITIATE A MOTION OF SUPPRESSION IS SAID TO HAVE 'STANDING'. THE APPENDIX CONTAINS 'STOP AND FRISK' GUIDELINES, AND DISCUSSES RECENT CHANGES IN SEARCH WARRANT PROCEDURES. ALSO INCLUDED ARE A SAMPLE FORM FOR AFFADAVIT FOR SEARCH WARRANT, A FORM FOR CONSENT TO SEARCH, AND SAMPLE DESCRIPTIONS OF FACT SITUATIONS FOR AFFADAVITS. JUDICIAL DECISIONS ON SEARCH AND SEIZURE ARE CITED THROUGHOUT THE DOCUMENT. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)