NCJ Number
7024
Date Published
1970
Length
339 pages
Annotation
TEXT TRACES THE HISTORY AND PURPOSE OF THE FOURTH AMENDMENT FROM ITS ENGLISH ORIGINS THROUGH RECENT SUPREME COURT INTERPRETATIONS.
Abstract
FOURTH AMENDMENT GUARANTEES AGAINST UNREASONABLE SEARCHES AND SEIZURES PROVIDE IMPORTANT SAFEGUARDS FOR INDIVIDUAL LIBERTY BUT POSE VEXING PROBLEMS FOR LAW ENFORCEMENT OFFICIALS. CONSIDERATION IS GIVEN TO THOSE ACTIVITIES WHICH CONSTITUTE A SEARCH AND THOSE PERSONS AND PLACES WHICH ARE PROTECTED. THE SUFFICIENCY AND OBTAINMENT OF SEARCH WARRANTS IS DISCUSSED AS ARE SEARCHES INCIDENT TO ARREST OR BASED ON PROBABLE CAUSE. STATE AND FEDERAL COURT DECISIONS ARE CITED THROUGHOUT THE TEXT TO ILLUSTRATE THE ISSUES AS WELL AS PROVIDE THE READER WITH SOME INDICATION OF LOCAL LAW. THE APPENDICES INCLUDE TREATMENTS OF SUCH SPECIALIZED AREAS OF SEARCH AND SEIZURE AS SEARCHING VEHICLES OF THOSE ARRESTED FOR TRAFFIC VIOLATIONS. TRIENNIAL SUPPLEMENTS KEEP THIS WORK UP TO DATE.