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Author: Tracey Maclin Publisher: Oxford University Press ISBN: 0199795479 Category : Law Languages : en Pages : 414
Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Tracey Maclin Publisher: Oxford University Press ISBN: 0199795479 Category : Law Languages : en Pages : 414
Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Tracey Maclin Publisher: Oxford University Press ISBN: 0199996431 Category : Law Languages : en Pages : 416
Book Description
The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
Author: Thomas McInnis Publisher: Lexington Books ISBN: 0739129775 Category : Searches and seizures Languages : en Pages : 332
Book Description
This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
Author: Thomas K. Clancy Publisher: ISBN: Category : Law Languages : en Pages : 752
Book Description
A July 2012 supplement of the book is available at this link (updated July 6, 2012). Due to the thousands of daily governmental intrusions -- such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections -- the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. This treatise comprehensively treats United States Supreme Court caselaw and takes a structural approach to the Fourth Amendment, addressing foundational questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court's development of search and seizure principles provide context to, and perspective on, current doctrine.
Author: Robert Henley Woody Publisher: Charles C Thomas Publisher ISBN: 0398076529 Category : Law Languages : en Pages : 183
Book Description
This book aims to provide critical information about the U.S. Constitution, with special emphasis on search and seizure. It will help law enforcement officers to increase their legal knowledge about search and seizure and create a framework for effective problem solving and decision making in the field. It is practically written and focuses on practical ideas. To help the reader develop analytic abilities for practice, brief quotations from U.S. Supreme Court cases reveal legal reasoning by justices. An important feature of the book is the translation of the U.S. Supreme Court cases into practical guidance. Captions for sections allow the reader to locate materials on topics of concern, such as conducting search and seizure in a particular context. The organization of the book facilitates both learning and teaching. There are also legal and criminal justice terms that are defined for the reader. Close to one hundred U.S. Supreme Court cases are reviewed, and a list of cases by chapter is also provided. It will be useful to not only trainees and students but also to experienced veterans in providing an in-depth understanding of the Fourth Amendment and the underlying principles, which is essential for making effective judgments in real-life law enforcement situations. It also provides attorneys, forensic specialists, and law enforcement personnel already in the field with valuable information for professional development.
Author: James J. Tomkovicz Publisher: Oxford University Press, USA ISBN: 0195369246 Category : Law Languages : en Pages : 449
Book Description
In this volume, James Tomkovicz discusses the 'exclusionary rules' which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public.
Author: United States. Department of Justice. Office of Legal Policy Publisher: ISBN: Category : Exclusionary rule (Evidence) Languages : en Pages : 96
Author: Charles M. Wetterer Publisher: ISBN: 9780894909245 Category : Juvenile Nonfiction Languages : en Pages : 136
Book Description
This book looks at the rights against unreasonable search and seizure granted to United States citizens under the Fourth Amendment to the Constitution. The author provides historical context and descriptions of the people involved in the passage of this important amendment. Examples showing how the Fourth Amendment is applied in today's modern technological society are provided.
Author: Wayne R. LaFave Publisher: West Group Publishing ISBN: Category : Law Languages : en Pages : 602
Book Description
Professor LaFave interprets and applies the Fourth Amendment in diverse factual situations for developing more effective arguments of search and seizure issues in plea bargaining, trial, and appeal phases of a criminal case. Expert discussion covers the exclusionary rule and other remedies, protected areas and interests, probable cause, and search warrants. This work also addresses search and seizure of persons and personal effects, entry and search of premises, search and seizure of vehicles, and consent searches. Explores stop and frisk and similar lesser intrusions, along with inspections and regulatory searches. Also examines the administration of the exclusionary rule.
Author: Tracey Maclin
Author: Tracey Maclin
Author: Tracey Maclin
Author: Thomas McInnis
Author: Thomas K. Clancy
Author: Robert Henley Woody
Author: James J. Tomkovicz
Author: United States. Department of Justice. Office of Legal Policy
Author: Jacob W. Landynski
Author: Charles M. Wetterer
Author: Wayne R. LaFave