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NCJRS Abstract

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NCJ Number: 31669 Find in a Library
Title: RECENT DEVELOPMENT IN THE LAW OF SEARCH AND SEIZURE
Journal: NATIONAL JOURNAL OF CRIMINAL DEFENSE  Volume:1  Issue:1  Dated:(SPRING 1975)  Pages:21-48
Author(s): J J CLEARY
Corporate Author: National College of Criminal Defense Lawyers and Public Defenders
College of Law
University of Houston
United State
Date Published: 1975
Page Count: 28
Sponsoring Agency: National College of Criminal Defense Lawyers and Public Defenders
Houston, TX 77004
Format: Article
Language: English
Country: United States of America
Annotation: MAJOR CASE LAW IS CITED IN THIS OUTLINE OF TRENDS IN SEARCH AND SEIZURE LAW FROM THE MID-1960'S TO THE PRESENT, INCLUDING THE EROSION OF THE EXCLUSIONARY RULE.
Abstract: THE AUTHOR POINTS TO THE DEVELOPMENT OF AN IDEOLOGICAL ATTACK ON THE EXCLUSIONARY RULE WHICH PLACES PUNISHMENT OF THE OFFENDER ABOVE THE 'INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM'. HE IDENTIFIES AND CONSIDERS THE EFFECTIVENESS OF PROPOSED SUBSTITUTES FOR THE RULE: CRIMINAL SANCTIONS OR A FINDING OF CRIMINAL CONTEMPT AGAINST POLICE OFFICERS VIOLATING THE CIVIL RIGHTS OF A DEFENDANT, POLICE INTERNAL DISCIPLINE, CIVIL ACTIONS, AND TORT CLAIMS. THE AUTHOR MAINTAINS THAT DEFENSE ATTORNEYS SHOULD BE FULLY PREPARED TO DISCUSS AND ARTICULATE THE REASONS FOR THE RETENTION OF THE RULE AND BE ABLE TO DIFFERENTIATE AND DISTINGUISH THE INADEQUACIES OF THE PROPOSED SUBSTITUTES. THE REVIEW OF MAJOR SEARCH AND SEIZURE CASES HIGHLIGHTS CHANGES IN THE LAW IN RELATION TO ANTI-HIJACK PROCEDURES AND AIRPORT SEARCHES, BORDER VEHICLE SEARCHES FOR CONCEALED ALIENS, BORDER SEARCHES OF A PERSON'S BODY, TEMPORARY DETENTION FOR QUESTIONING, GRAND JURY PROCEEDINGS, CONSENT, WARRANTLESS SEARCHES, TRAFFIC ARRESTS AND SIMULTANEOUS SEARCHES, PROBABLE CAUSE, WIRETAPS, OPEN FIELDS, SEARCHES PURSUANT TO WARRANTS.
Index Term(s): Exclusionary rule; Future trends; Judicial decisions; Search and seizure; Search and seizure laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31669

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