WARRANTS FOR ARREST OR SEARCH - IMPEACHING THE ALLEGATIONS OF A FACIALLY SUFFICIENT AFFIDAVIT

• NCJ Number: 32942
• Journal: Ohio State Law Journal Volume: 36 Issue: 4 Dated: (1975) Pages: 721-760
• Author(s): L HERMAN
• Date Published: 1975
• Length: 40 pages
• Corporate Author: Ohio State University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF WHETHER SUB-FACIAL ATTACKS ON FACIALLY SUFFICIENT WARRANTS SHOULD BE ALLOWED AT SUPPRESSION HEARINGS AS AN EXTENSION OF A DEFENDANT'S RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES.

Abstract

THE ARGUMENTS PRESENTED IN CASES PROHIBITING SUB-FACIAL ATTACKS AT SUPPRESSION HEARINGS ARE ANALYZED AS WELL AS ARGUMENTS PRESENTED TO AND CONSTRUCTED BY COURTS USING A FOURTH AMENDMENT RATIONALE TO ALLOW SUB-FACIAL ATTACKS. A FOURTH AMENDMENT RATIONALE PERMITTING SUB-FACIAL ATTACKS EMPHASIZING THE FUNCTION, IMPORTANCE, AND IMPLEMENTATION OF PROBABLE CAUSE AND PARTICULARITY REQUIREMENTS IS PROPOSED AND OUTLINED. THE AUTHOR CONCLUDES THAT SUB-FACIAL ATTACK SHOULD BE PERMITTED WITHOUT RESTRICTION AND THAT THE PROHIBITION OF THEM REDUCES THE FOURTH AMENDMENT TO A FORM OF WORDS.