NCJ Number
58918
Date Published
1978
Length
328 pages
Annotation
STATUTORY AND CASE LAW PERTAINING TO SEARCH AND SEIZURE IS COMPILED IN A MANUAL PREPARED FOR INDIANA JUDGES.
Abstract
THE MANUAL'S TABLE OF CONTENTS SUMMARIZES THE MAJOR FINDING/PROVISION OF EACH CASE/STATUTE INCLUDED IN THE TEXT, WHICH PRESENTS DETAILED ACCOUNTS OF CASES AND FULL-TEXT STATUTORY REFERENCES EXTRACTED FROM THE ORIGINAL SOURCES. THE MANUAL COVERS THE FOLLOWING: (1) FEDERAL AND STATE (INDIANA) CONSTITUTIONAL PROVISIONS PERTAINING GENERALLY TO SEARCH AND SEIZURE, (2) THE EXCLUSIONARY RULE (GENERAL RULE, SCOPE, MOTIONS TO SUPPRESS), (3) OTHER REMEDIES FOR CONSTITUTIONAL VIOLATIONS (CIVIL ACTIONS, INJUNCTIVE RELIEF, DISCHARGE FROM CUSTODY, FEDERAL HABEAS CORPUS RELIEF), (4) ARRESTS WITHOUT WARRANTS (AUTHORITY TO ARREST WITHOUT A WARRANT, PROBABLE CAUSE FOR AN ARREST WITHOUT A WARRANT, JUDICIAL REVIEW OF WARRANTLESS ARRESTS), (5) ARRESTS WITH WARRANTS (PROCEDURES FOR OBTAINING ARREST WARRANTS, EXECUTION OF ARREST WARRANTS, MISCELLANEOUS STATUTES CONCERNING ARREST WARRANTS), (6) SEARCH WARRANTS (NECESSITY FOR A SEARCH WARRANT, EXCEPTIONS TO THE SEARCH-WARRANT REQUIREMENT, PROCEDURES FOR OBTAINING SEARCH WARRANTS, EXECUTION OF SEARCH WARRANTS), (7) CONSENT SEARCHES (REQUIREMENTS FOR A VALID CONSENT, WARNINGS CONCERNING FOURTH AMENDMENT RIGHTS, THIRD-PARTY CONSENTS, AIRPORT SEARCHES), (8) INVESTIGATORY STOPS AND SEARCHES, (9) MOTOR VEHICLE SEARCHES, AND (10) WIRETAPPING AND EAVESDROPPING. TABLES OF STATUTES AND CASES ARE PROVIDED. (LKM)