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NCJRS Abstract

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NCJ Number: 32942 Find in a Library
Title: WARRANTS FOR ARREST OR SEARCH - IMPEACHING THE ALLEGATIONS OF A FACIALLY SUFFICIENT AFFIDAVIT
Journal: OHIO STATE LAW JOURNAL  Volume:36  Issue:4  Dated:(1975)  Pages:721-760
Author(s): L HERMAN
Corporate Author: Ohio State University
College of Law
United States of America
Date Published: 1975
Page Count: 40
Sponsoring Agency: Ohio State University
Columbus, OH 43210
Format: Article
Language: English
Country: United States of America
Annotation: DISCUSSION OF WHETHER SUB-FACIAL ATTACKS ON FACIALLY SUFFICIENT WARRANTS SHOULD BE ALLOWED AT SUPPRESSION HEARINGS AS AN EXTENSION OF A DEFENDANT'S RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES.
Abstract: THE ARGUMENTS PRESENTED IN CASES PROHIBITING SUB-FACIAL ATTACKS AT SUPPRESSION HEARINGS ARE ANALYZED AS WELL AS ARGUMENTS PRESENTED TO AND CONSTRUCTED BY COURTS USING A FOURTH AMENDMENT RATIONALE TO ALLOW SUB-FACIAL ATTACKS. A FOURTH AMENDMENT RATIONALE PERMITTING SUB-FACIAL ATTACKS EMPHASIZING THE FUNCTION, IMPORTANCE, AND IMPLEMENTATION OF PROBABLE CAUSE AND PARTICULARITY REQUIREMENTS IS PROPOSED AND OUTLINED. THE AUTHOR CONCLUDES THAT SUB-FACIAL ATTACK SHOULD BE PERMITTED WITHOUT RESTRICTION AND THAT THE PROHIBITION OF THEM REDUCES THE FOURTH AMENDMENT TO A FORM OF WORDS.
Index Term(s): Constitutional Rights/Civil Liberties; Judicial decisions; Rules of evidence; Search and seizure; Search warrants; Trial procedures; Warrants
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=32942

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