NCJ Number
109335
Date Published
1987
Length
121 pages
Annotation
Guidelines for law enforcement officers and prosecutors in North Dakota explain the fourth, fifth, and sixth amendments of the US Constitution governing the laws of arrest, search, and seizure.
Abstract
Following the text of the Bill of Rights, a chart summarizes the three suppression rules: the fourth amendment guarantee against unreasonable search and seizures, the fifth amendment privilege against self-incrimination, and the sixth amendment right to counsel. The first two sections focus on exclusions to the fourth amendment with attention to the open fields and plain view doctrines. The guide surveys search warrant requirements, automobile searches, and exceptions. Also addressed are hot pursuit, warrantless arrests, and the probable cause concept. Applications and limitations of the right to silence are discussed, as are electronic surveillance and police investigations involving juvenile offenders. The last section reviews the right to counsel and eyewitness identification through lineups and photographs. Guidelines on each legal issue cite relevant case law and provide discussion questions based on actual cases.