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NCJ Number: 126281 Find in a Library
Title: Seizures -- In General (From Briefs of 100 Leading Cases in Law Enforcement, P 53-59, 1991, Rolando V. del Carmen, Jeffery T. Walker -- See NCJ-126275)
Author(s): R V del Carmen; J T Walker
Date Published: 1991
Page Count: 7
Sponsoring Agency: Anderson Publishing Co
Cincinnati, OH 45202
Sale Source: Anderson Publishing Co
Publicity Director
2035 Reading Road
Cincinnati, OH 45202
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Supreme Court decisions concerning seizures are analyzed for their significance to law enforcement.
Abstract: In Schmerber v. California, 384 U.S. 757 (1966), it was determined that the drawing of blood from a suspect without his or her consent to obtain evidence is not a violation of any constitutional rights as long as the removal is done by medical personnel using accepted medical methods. The Court stated in Welsh v. Wisconsin, 466 U.S. 740 (1984), that the warrantless nighttime entry of a suspect's home to effect an arrest for a nonjailable offense is prohibited by the fourth amendment. And finally, in Winston v. Lee, 470 U.S. 753 (1985), the Court decided that compelled surgical intrusions into an individual's body may be of such a magnitude that the intrusion is unreasonable even if it may produce evidence of a crime. This case indicates that there are limits to what the government can do in an effort to solve a crime, i.e., the State could not compel an individual to undergo surgery in a search for evidence of a crime.
Main Term(s): Search and seizure
Index Term(s): Police legal limitations; Police responsibilities; US Supreme Court decisions
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