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NEW LIMITS ON ARREST AND SEARCH

NCJ Number
37141
Date Published
1976
Length
0 pages
Annotation
THIS FILM DRAMATIZES IN FOUR VIGNETTES THE LATEST RESTRICTIONS UPON LAW ENFORCEMENT RESULTING FROM AN EXPANSION OF THE MEANING OF THE INDIVIDUAL'S CONSTITUTIONAL RIGHT OF PRIVACY IN CALIFORNIA.
Abstract
THE FIRST VIGNETTE, 'ARRESTS IN THE HOME,' CONCERNS A STOLEN GUN BELIEVED TO BE IN THE SUSPECT'S HOME. IT SHOWS THAT, ABSENT EXIGENT CIRCUMSTANCES, ARRESTS CANNOT BE MADE IN A HOME WITHOUT A WARRANT, EVEN IN CASES WHERE KNOCK AND ANNOUNCE REQUIREMENTS ARE EXCUSED. IN 'TRUNK SEARCHES,' ALTHOUGH MARIJUANA IS FOUND IN AN AUTOMOBILE'S INTERIOR, LAW ENFORCEMENT MUST HAVE PROBABLE CAUSE TO SUSPECT CONTRABAND BEFORE THEY CAN SEARCH THE TRUNK WHICH, COURT DECISIONS INDICATE, IS AN AREA CONSIDERED TO HAVE A REASONABLE EXPECTATION OF PRIVACY. 'TRANSPORTATION SEARCHES', ILLUSTRATES RECENT LIMITATIONS ON A FULL BODY SEARCH BEFORE A SUSPECT IS ACTUALLY INCARCERATED. THE 'PASSENGERS', SEQUENCE SHOWS THAT EVIDENCE OBTAINED IN A PAT DOWN SEARCH NOT INCIDENT TO ARREST IS INADMISSIBLE SINCE THE OFFICER'S AUTHORITY TO SEARCH IS JUST AS LIMITED AS IF THERE HAD BEEN NO PROBABLE CAUSE FOR ARREST. A TRAINING MANUAL CONTAINING LEGAL PRECEDENTS, LESSON PLANS, AND AN EXAMINATION FORMAT ACCOMPANIES THE FILM. (AUTHOR ABSTRACT)

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