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Author: Phillip A. Hubbart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 432
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Book Description
Fourth Amemdment law is both fascinating and inspiring ? as it deals with a fundamental human right, the denial of which was one of the leading causes of the American Revolution. But this law can also be extremely confusing. Thus the reason for this book: to make sense of this subject.In a single volume, Hubbart restates the content, organizational structure and principled basis of Fourth Amendment law ? as announced by countless U.S. Supreme Court decisions on the subject ? so that it is understanble and coherent.The work concentrates on U.S. Supreme Court caselaw, relies heavily on the historical background of the Fourth Amendment upon which much of this law is based, and cites to relevant treatises and leading federal and state court decisions. It also briefly discusses the theories of constitutional construction that the Court has used in reaching its decisions.A wide variety of professionals will find this book extremely useful: judges, prosecutors, defense lawyers, police legal advisors, and teachers and students at the law school, undergraduate and law enforcement levels.
Author: Phillip A. Hubbart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 432
Get Book
Book Description
Fourth Amemdment law is both fascinating and inspiring ? as it deals with a fundamental human right, the denial of which was one of the leading causes of the American Revolution. But this law can also be extremely confusing. Thus the reason for this book: to make sense of this subject.In a single volume, Hubbart restates the content, organizational structure and principled basis of Fourth Amendment law ? as announced by countless U.S. Supreme Court decisions on the subject ? so that it is understanble and coherent.The work concentrates on U.S. Supreme Court caselaw, relies heavily on the historical background of the Fourth Amendment upon which much of this law is based, and cites to relevant treatises and leading federal and state court decisions. It also briefly discusses the theories of constitutional construction that the Court has used in reaching its decisions.A wide variety of professionals will find this book extremely useful: judges, prosecutors, defense lawyers, police legal advisors, and teachers and students at the law school, undergraduate and law enforcement levels.
Author: Robert Henley Woody
Publisher: Charles C Thomas Publisher
ISBN: 0398076529
Category : Law
Languages : en
Pages : 183
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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: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1464
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Book Description
Author: Michael C. Gizzi
Publisher: University Press of Kansas
ISBN: 0700622578
Category : Political Science
Languages : en
Pages : 200
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Book Description
When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.
Author: Chief Michael Ranalli
Publisher: LLP
ISBN: 9781608851614
Category : Searches and seizures
Languages : en
Pages :
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Book Description
Gain the functional understanding you need to use search & seizure laws thoroughly, effectively and legally. This extremely current edition is the key to developing a solid grasp of the critical elements of NYS Search & Seizure Law, including significant legal changes and trends that surfaced recently that impact your work and your cases.
Author: Tina M. Fielding Fryling
Publisher: Aspen Publishing
ISBN: 1543858562
Category : Law
Languages : en
Pages : 664
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Book Description
Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Author: Wayne R. LaFave
Publisher: West Group Publishing
ISBN:
Category : Law
Languages : en
Pages : 826
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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: J. Shane Creamer
Publisher: Holt McDougal
ISBN:
Category : Law
Languages : en
Pages : 730
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Book Description
Author: JAMES A. FONTANA
Publisher:
ISBN: 9780433500698
Category :
Languages : en
Pages :
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Book Description
Author: Otis H. Stephens
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Unreasonable Searches and Seizures examines the Fourth Amendment from its historical origins through its early development to current controversies. Through thorough and well-balanced research this book provides a rich and comprehensive source of information about search and seizure law. The book is clearly written, providing simple and precise explanations of complicated constitutional issues without obscuring the central and important problems which these issues present. This book serves as a basis for evaluating the question of the Fourth Amendment's continuing relevance in seeking the balance between the protection of individual liberty and the demand for effective law enforcement. In accomplishing its purpose the book examines five distinct areas of search and seizure law. First, it discusses the role of search and seizure law in our society and its implications for the American political system. Secondly, the book reveals the origins and early development of search and seizure law by looking at the English, colonial, and revolutionary experiences from which it arose. Thirdly, it explores the evolution and devolution of Fourth Amendment protections from the late nineteenth century through the opening years of the twenty-first century by analyzing significant judicial decisions. Lastly, the book speculates on recent trends in search and seizure jurisprudence by examining the issues and controversies that have been most visible in the last decade, with particular emphasis on the potential adverse effects of the USA PATRIOT Act on Fourth Amendment protections.
