NCJ Number
65202
Date Published
1979
Length
670 pages
Annotation
WRITTEN FOR USE BY LAWYERS, JUDGES, AND LAW ENFORCEMENT OFFICIALS, THIS SOURCEBOOK ANALYZES THOUSANDS OF CASES FROM FEDERAL AND STATE JURISDICTIONS AND DISCUSSES A RANGE OF TOPICS PERTINENT TO SEARCH AND SEIZURE.
Abstract
THIS NEW EDITION OF SEARCHES AND SEIZURES IS DESIGNED TO ACCOMMODATE THE MANY NEW CONCEPTS, SUPREME COURT RULINGS, AND LOWER COURT INTERPRETATIONS THAT HAVE ARISEN SINCE THE 1972 WORK AND THAT INVOLVE THE SEARCH AND SEIZURE LAW. THIS VOLUME COMPRISES THE FIRST OF A TWO-VOLUME SET TO BE UPDATED ANNUALLY; THE SECOND VOLUME WILL DEAL WITH ARRESTS AND CONFESSIONS. CHANGING PHILOSOPHY IN THE ADOPTION OF CONSTITUTIONAL CONCEPTS IS NOT EXAMINED, BUT CLEAR EXPLANATIONS OF FOURTH AMENDMENT STANDARDS AND PRINCIPLES ARE PROVIDED. EACH TEXT SECTION FORMS A DISTINCT TOPIC AND CONTAINS APPLICABLE RULES OF LAW, EXCEPTIONS, AND JURISDICTIONAL CONFLICTS, WITH REFERENCES TO CONTROLLING OR PERTINENT SUPREME COURT CASES, LEADING FEDERAL AND STATE CASES, AND RELEVANT STATUTORY LAW. TOPICS INCLUDE THE EXCLUSIONARY RULE, PROBABLE CAUSE, FORMAL REQUIREMENTS FOR ISSUANCE AND EXECUTION OF A WARRANT, CHALLENGING A SEARCH CONDUCTED PURSUANT TO A WARRANT, CONSENT AND VEHICLE SEARCHES, STOP AND FRISK, AND VEHICLE, PUBLIC AREA, ADMINISTRATIVE, AND BORDER SEARCHES. ADDITIONAL SECTIONS COVER SUPERVISORY SEARCHES BY GOVERNMENT PERSONNEL, BODY SEARCHES, SEARCHES AND SEIZURES WITH FIRST AMENDMENT IMPLICATIONS, MOTION TO SUPPRESS, HABEAS CORPUS, AND CIVIL LIABILITY FOR ILLEGAL SEARCHES AND SEIZURES. EXTENSIVE FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--AOP)