NCJ Number
184291
Date Published
1999
Length
190 pages
Annotation
This handbook for police officers presents the generally accepted body of rules derived from search-and-seizure law in the United States, while leaving spaces in the handbook for officers to write in any local modifications for an officer's particular jurisdiction.
Abstract
Part One emphasizes the importance of an officer's thorough knowledge of search-and-seizure law, given the consequences for a criminal investigation and an officer's career should search-and-seizure law not be followed. The Fourth Amendment of the U.S. Constitution, which is the basis for the legal parameters set for police search-and-seizure actions, is analyzed and explained in Part One. Part Two explains the conditions under which search and seizure without the possession of a warrant is legal, such as when the items seized are in "plain view," property has been abandoned, and items are in an open field or in public places. Search warrant exceptions are also explained, such as when an officer searches for weapons in an area near the suspect to ensure officer safety, conditions of stop and frisk, incident to lawful arrest, or when there may be imminent destruction of evidence. Part Three focuses on the procedure for securing a search warrant as well as the contents and structure of a search warrant. Part Four discusses ways of "saving the case" when defense attorneys challenge the legality of police officers' search-and-seizure actions.