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NCJ Number: 35831 Find in a Library
Title: RIGHT OF THE PEOPLE TO BE SECURE - AN EXAMINATION OF THE FOURTH AMENDMENT
Author(s): C E MOYLAN
Corporate Author: National College of District Attorneys
College of Law
University of Houston
United States of America
Date Published: Unknown
Page Count: 296
Sponsoring Agency: National College of District Attorneys
Houston, TX 77004
Sale Source: National College of District Attorneys
College of Law
University of Houston
Houston, TX 77004
United States of America
Language: English
Country: United States of America
Annotation: JUDICIAL OPINIONS ARE PRESENTED WHICH REFER TO CASES THAT EXPLAIN THE PROVISIONS AND LIMITS OF FOURTH AMENDMENT GUARANTEES AGAINST UNREASONABLE OR WARRANTLESS SEARCHES AND SEIZURES.
Abstract: THE FIRST CHAPTER SETS OUT THE BASIC FOURTH AMENDMENT QUESTIONS, DELINEATES ITS INAPPLICABILITY IN CERTAIN SITUATIONS, DISCUSSES THE SEPARATE PROBLEMS OF INTRUSION AND SCOPE, AND COMMENTS ON THE CENTRALITY OF THE WARRANT REQUIREMENT. FOLLOWING THIS GENERAL INTRODUCTION, CASE OPINIONS ARE PRESENTED THAT DEAL WITH STANDING TO OBJECT, THE DEVELOPMENT AND RATIONALE OF BOTH THE SEARCH INCIDENT TO ARREST AND 'THE AUTOMOBILE EXCEPTION', AND THE DISTINCTION BETWEEN THE SEARCH OF AN AUTOMOBILE AND 'THE AUTOMOBILE EXCEPTION'. OTHER TOPICS DEALT WITH INCLUDE THE INVENTORY SEARCH OF AN AUTOMOBILE, STOP AND FRISK, THE CONSENT SEARCH, THE SEARCH WARRANT, PROBABLE CAUSE, HEARSAY, POLICE INFORMANTS, AND THE EXCLUSIONARY RULE. GROUPS OF CASES PERTAINING TO MISCELLANEOUS PROBLEMS DEALING WITH THE FOURTH AMENDMENT IN GENERAL, THE PLAIN VIEW DOCTRINE, SEARCH INCIDENT TO ARREST, AND THE SPECIAL DELIMITATIONS IMPOSED BY U.S. SUPREME COURT DECISIONS IN SPINELLI V. UNITED STATES AND AGUILAR V. TEXAS ARE ALSO PRESENTED. 'THESE SELECTIONS ARE NOT FOR THOSE WHO WISH QUICK REFERENCES TO FLAT RULES. THEY ARE FOR THOSE WHO WANT TO GET THE 'FEEL' OF THE FOURTH AMENDMENT'.
Index Term(s): Arrest and apprehension; Informants; Judicial decisions; Legal doctrines; Right of privacy; Rules of evidence; Search and seizure; Search warrants
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=35831

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