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NCJRS Abstract

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NCJ Number: 120543 Find in a Library
Title: California Judges Benchguide: Search and Seizure
Journal: CJER Journal  Issue:13  Dated:special issue (June 1989)  Pages:complete issue
Editor(s): J M Vesper
Date Published: 1989
Page Count: 347
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This benchguide is intended to assist California judges in dealing with substantive law and procedures relevant to search and seizure matters.
Abstract: The first chapter notes that California's Penal Code has a comprehensive plan governing the timing and methods for challenging illegal searches and seizures. This plan is designed to provide a complete, orderly scheme for pretrial determination of suppression motions and for appellate review of rulings on these motions. The discussion focuses on the purpose of motions and who can make them and on how motions are made, including notice requirements, burden and order of proof, applicable rules of evidence, hearing procedures, and procedures when a motion is relitigated. The second chapter addresses requirements for issuing and executing search warrants, as well as the consequences of errors. Particular attention is paid to affidavits, including those used for telephonic search warrants. The third chapter covers temporary detention, application of the Fourth Amendment and the exclusionary rule, and unlawful detention. The fourth chapter deals with arrest and the Fourth Amendment, arrest warrants and supporting affidavits, defendant rights, and searches incidental to arrest. The final chapter discusses a variety of warrantless searches and their justifications, with consideration given to police investigative techniques, reasonable privacy expectations, consent, probation and parole searches, searches by school authorities, and warrantless searches incident to temporary detention and arrest. Tables of statutes, rules, and cases are provided.
Main Term(s): Search and seizure laws
Index Term(s): California; Criminal proceedings; Judicial review; Search warrants; Warrantless search
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