NCJ Number
90653
Date Published
1982
Length
784 pages
Annotation
Twenty-seven chapters on search and seizure law deal with an introduction to fourth amendment problems, the expectation-of-privacy standard, major substantive issues of the law of search and seizure, the warrant, the exclusionary rule, and the law and tactics of suppression hearings and judicial review.
Abstract
The introductory chapters include an overview of the historical origins of the fourth amendment, the development of interests protected by the fourth amendment, and a suggested method for analyzing fourth amendment problems. Since the expectation-of-privacy standard is now the basic issue underlying virtually all search-and-seizure issues, its development in the U.S. Supreme Court is considered and related issues bearing upon the inapplicability of the fourth amendment and consent searches are discussed. The largest section, dealing with the substantive issues of the law of search and seizure, discusses the fourth amendment's probable cause and warrant requirements and presents an overview of exigent circumstances. Next, the text addresses the general requirements and form of the search warrant, and considers issues pertaining to the execution of the warrant and the scope of the search. Other issues examined include the purpose and the application of the exclusionary rule, the issue of standing to object, and the concept of the 'fruit of the poisonous tree.' The concluding chapters deal with the motion to suppress and the hearing on the motion as well as appellate and postconviction review. A separate supplement covers cases and issues requiring inclusion since the initial publication of the book. A table of cases and a subject index are provided.