Search and Seizure Handbook for Law Officers

• NCJ Number: 73265
• Author(s): D Rutledge
• Date Published: 1980
• Length: 232 pages
• Sale Source: Flag Publishing Co
• Language: English
• Country: United States of America

Annotation

Written for the field police officer, this handbook uses simple language to explain the generally accepted both of U.S. rules on search and seizure.

Abstract

The first chapter considers the effect of the exclusionary rule and the Federal civil rights laws on law enforcement activities. The second chapter provides a step-by-step analysis of the key words and phrases in the Fourth Amendment to the U.S. Constitution. The third and fourth chapters discuss search and seizure without a warrant. The implications of a suspect's reasonable expectation of privacy as defined by the law are considered in various situations which involve plain view, abandoned property, open fields, public places, phone monitors, optical aids, jail searches, and other factors. Search warrant exceptions are also discussed. These include emergencies, car stops, hot pursuit, the destruction of evidence, and consent. The next chapters focus on the search warrant. Aspects of obtaining the warrant are discussed, including the objects of a warrant, its form, the oath or affirmation, the contents of the affidavit, describing the place and property, night-time searches, the protection of informants, and others. A sample search warrant and a sample affidavit are included. The serving of the warrant is considered, with emphasis on jurisdiction, time limits, the scope of the search, and the return of the warrant. Additional chapters concern saving the case. Five case-saving devices are described for those situations in which a single justification supported the search and seizure, a warrantless search was conducted in the belief that the suspect had no reasonable expectation of privacy, a warrantless exception was applied, a defective warrant was obtained, or a procedural error occurred. Suggestions for writing effective reports and advice for participating in a suppression hearing are provided. Factual examples and photographs are included. Footnotes, bibliography, and an index are not included.