NCJ Number
82169
Date Published
1982
Length
187 pages
Annotation
This topical analysis of the fourth amendment identifies the elements required to obtain search or arrest warrants and those which justify warrantless searches and seizures.
Abstract
Major Federal cases are quoted for each of the elements of search and seizure discussed. Constitutional law underlying search and seizure is explained, including interests protected, sizable items, the scope of seizure, the remedy for violation (exclusionary rule), and exceptions. A general consideration of the search defines the protected area, the test for a legal search, and exceptions. The nature of seizures and nonseizures is also examined. The general discussion of arrests explores arrests in public places, arrests in homes, and exigent circumstances. Following an explanation of search warrant requirements, parameters for the following types of searches are indicated: warrantless searches, searches incident to arrest, stop and frisk, vehicle stops, vehicle searches, container and luggage searches, inventory searches, border searches, administrative searches, airport searches, mail searches, and institutional searches. Other topics covered are 'plain view' searches, abandonment, the curtilage doctrine, consent, electronic surveillance, strip searches, derivative evidence, and police interrogation and defendant's statements. Nongovernmental violations of individual rights are also considered.