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NCJRS Abstract

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NCJ Number: 93696 Find in a Library
Title: Case Reviewer on Automobile Search and Seizure for the Texas Law Enforcement Officer
Author(s): D R P Moe; H B Kerper; D D Hayes; J J Allman
Corporate Author: Sam Houston State University
Institute of Contemporary Corrections and the Behavioral Sciences
United States of Ameri
Date Published: 1970
Page Count: 130
Sponsoring Agency: Sam Houston State University
Huntsville, TX 77340
Texas Criminal Justice Council
Austin, TX 78767
Format: Document
Language: English
Country: United States of America
Annotation: This review uses case examples to help law enforcement officers in Texas understand principles governing search of automobiles, so that cases are not lost because an officer fails to adhere to proper constitutional and statutory safeguards.
Abstract: An overview of search and seizure laws contains the fourth amendment and provisions of the Texas Constitution and Code relating to evidence produced by searches. This section also discusses probable cause, the affidavit, items and persons which may be seized, and when search without a warrant is lawful. A general discussion of vehicle searches focuses on the leading automobile search case, Carroll v. United States. Subsequent sections address specific types of automobile searches, giving general rules and then demonstrating their application in actual cases. The following situations are covered: search based on probable cause; search incident to arrest, including traffic offenses, driving while intoxicated, and narcotics offenses; articles in open view in automobile; and permission to search automobile, voluntarily revealed incriminating evidence, and misplaced confidence. Other situations are search remote to arrest, search connected with traffic investigation, use of search warrant to search automobiles, search of stolen automobiles, and search after forfeiture. A case index, five references, relevant Texas statutes, legal forms, and an index are supplied.
Index Term(s): Police legal limitations; Search and seizure laws; Texas; Vehicle searches
Note: Criminal Justice Monograph, V 3, N 2
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