NCJ Number
31669
Journal
National Journal of Criminal Defense Volume: 1 Issue: 1 Dated: (SPRING 1975) Pages: 21-48
Date Published
1975
Length
28 pages
Annotation
MAJOR CASE LAW IS CITED IN THIS OUTLINE OF TRENDS IN SEARCH AND SEIZURE LAW FROM THE MID-1960'S TO THE PRESENT, INCLUDING THE EROSION OF THE EXCLUSIONARY RULE.
Abstract
THE AUTHOR POINTS TO THE DEVELOPMENT OF AN IDEOLOGICAL ATTACK ON THE EXCLUSIONARY RULE WHICH PLACES PUNISHMENT OF THE OFFENDER ABOVE THE 'INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM'. HE IDENTIFIES AND CONSIDERS THE EFFECTIVENESS OF PROPOSED SUBSTITUTES FOR THE RULE: CRIMINAL SANCTIONS OR A FINDING OF CRIMINAL CONTEMPT AGAINST POLICE OFFICERS VIOLATING THE CIVIL RIGHTS OF A DEFENDANT, POLICE INTERNAL DISCIPLINE, CIVIL ACTIONS, AND TORT CLAIMS. THE AUTHOR MAINTAINS THAT DEFENSE ATTORNEYS SHOULD BE FULLY PREPARED TO DISCUSS AND ARTICULATE THE REASONS FOR THE RETENTION OF THE RULE AND BE ABLE TO DIFFERENTIATE AND DISTINGUISH THE INADEQUACIES OF THE PROPOSED SUBSTITUTES. THE REVIEW OF MAJOR SEARCH AND SEIZURE CASES HIGHLIGHTS CHANGES IN THE LAW IN RELATION TO ANTI-HIJACK PROCEDURES AND AIRPORT SEARCHES, BORDER VEHICLE SEARCHES FOR CONCEALED ALIENS, BORDER SEARCHES OF A PERSON'S BODY, TEMPORARY DETENTION FOR QUESTIONING, GRAND JURY PROCEEDINGS, CONSENT, WARRANTLESS SEARCHES, TRAFFIC ARRESTS AND SIMULTANEOUS SEARCHES, PROBABLE CAUSE, WIRETAPS, OPEN FIELDS, SEARCHES PURSUANT TO WARRANTS.