NCJ Number
104603
Date Published
1987
Length
487 pages
Annotation
Designed as a reference resource for prosecutors, defense counsel, and law enforcement personnel, this deskbook provides an overview of search warrant law.
Abstract
Following a consideration of the constitutional significance of search warrants and the circumstances under which they are required, procedures for application for a warrant, execution of the search, and seizure of evidence are examined. Probable cause and particularity requirements are delineated, and limitations on the scope and intensity of the search are discussed. Special problems related to third-party warrants and to warrants protected by the first amendment also are covered, as are general requirements regarding receipt, return, and inventory of seized items. A consideration of the exclusionary rule and motions to suppress evidence discusses the rule's application and scope, as well as the derivative evidence rule and the reasonable good-faith exception to the rule. The final section provides a review of specific Federal and State statutory and court rule search warrant requirements. Each chapter includes checklists for prosecutor and defense that address the applicable legal issues. Tactical tips for both also are provided. Chapter footnotes.