This handbook is the definitive guide to understanding Fourth Amendment case law. With summaries of all Supreme Court Fourth Amendment decisions through January 2019, the book is an excellent reference on the evolving history of the Fourth Amendment. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The Handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure.
This handbook is the definitive guide to understanding Fourth Amendment case law. With summaries of all Supreme Court Fourth Amendment decisions through January 2019, the book is an excellent reference on the evolving history of the Fourth Amendment. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The Handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
William W. Greenhalgh was both a professor of law at Georgetown University Law Center teaching Constitutional Criminal Procedure and the director of the Prettyman-Stiller Legal Fellowship Program in the graduate school of the Law Center from 1963 until his death in 1994. In 1974, Prof. Greenhalgh became director of the Criminal Justice Clinic at Georgetown, serving in that capacity until his death. He was widely regarded as a pioneer and champion of clinical legal education. The author of many articles and books, Prof. Greenhalgh was considered a leading authority on the Fourth and Sixth Amendments to the U.S. Constitution.
Inhaltsangabe
Dedication iii Foreword vii by Andrew L. Sonner Preface to the Fourth Edition ix Preface to the Third Edition xv Acknowledgments for the Fourth Edition xvii Text of the Fourth Amendment xix Introduction: A Conceptualization of the Fourth Amendment 1 I. The Threshold Applicability of the Fourth Amendment 1 A. Katz and the Reasonable Expectation of Privacy 2 B. Applicability to Place 3 C. Applicability to the Person of the Searcher 4 D. Applicability to the Person of the Defendant 5 1. Proprietary Standing 5 2. The Rise and Fall of Automatic Standing 5 3. Derivative Standing 5 4. Target Standing and Conspirator Standing 6 5. Who Are The People ? 6 E. Applicability to Type of Police Conduct 6 1. What Is a Search ? 7 2. What Is a Seizure of Property? 7 3. What Is a Seizure of a Person? 7 F. Miscellaneous Applicability 8 II. The Substance of the Fourth Amendment 9 A. The Structure of the Fourth Amendment 9 B. Objective Versus Procedural Reasonableness 9 C. Administrative Searches and Other Searches Serving Special Needs Beyond the Investigative Norm 10 D. General Reasonableness and the Special Problem of Examining Bodily Fluids for Traces of Drugs and Alcohol 11 E. The Predicate for the Initial Intrusion Versus the Scope and the Manner of Searching 11 F. The Manner of Conducting a Search and the Special Problem of Knock and Announce 12 G. Probable Cause 13 H. The Special Problem of Temporarily Seizing a Residence While Obtaining a Warrant to Search It 14 I. The General Reasonableness Approach Versus the Centrality of the Warrant Requirement Approach 14 J. The Centrality of the Warrant Requirement 15 K. Exceptions to the Warrant Requirement 16 1. Search Incident to Lawful Arrest 16 2. The Carroll Doctrine 17 3. The Suitcase or Container Exception 18 4. Exigent or Emergency Circumstances 18 5. Stop and Frisk 19 6. The Plain View Doctrine (Plus Plain Feel) 20 7. Consent 21 8. What the Police May Do in the Context of a Traffic Stop 21 vi L. The Sui Generis Nature of the Law of Arrest 22 III. The Sanction for a Fourth Amendment Violation 23 A. The Exclusionary Rule 23 B. The Fruit of the Poisoned Tree Doctrine 25 IV. Independent State Grounds . . . . . . . . . . . 26 A Chronology of Supreme Court Justices 27 Features of This Book 29 Table of Abbreviations 31 Survey 33 Index 165 Table of Cases 171 About the Authors, Editors, and Contributors 181
Dedication iii Foreword vii by Andrew L. Sonner Preface to the Fourth Edition ix Preface to the Third Edition xv Acknowledgments for the Fourth Edition xvii Text of the Fourth Amendment xix Introduction: A Conceptualization of the Fourth Amendment 1 I. The Threshold Applicability of the Fourth Amendment 1 A. Katz and the Reasonable Expectation of Privacy 2 B. Applicability to Place 3 C. Applicability to the Person of the Searcher 4 D. Applicability to the Person of the Defendant 5 1. Proprietary Standing 5 2. The Rise and Fall of Automatic Standing 5 3. Derivative Standing 5 4. Target Standing and Conspirator Standing 6 5. Who Are The People ? 6 E. Applicability to Type of Police Conduct 6 1. What Is a Search ? 7 2. What Is a Seizure of Property? 7 3. What Is a Seizure of a Person? 7 F. Miscellaneous Applicability 8 II. The Substance of the Fourth Amendment 9 A. The Structure of the Fourth Amendment 9 B. Objective Versus Procedural Reasonableness 9 C. Administrative Searches and Other Searches Serving Special Needs Beyond the Investigative Norm 10 D. General Reasonableness and the Special Problem of Examining Bodily Fluids for Traces of Drugs and Alcohol 11 E. The Predicate for the Initial Intrusion Versus the Scope and the Manner of Searching 11 F. The Manner of Conducting a Search and the Special Problem of Knock and Announce 12 G. Probable Cause 13 H. The Special Problem of Temporarily Seizing a Residence While Obtaining a Warrant to Search It 14 I. The General Reasonableness Approach Versus the Centrality of the Warrant Requirement Approach 14 J. The Centrality of the Warrant Requirement 15 K. Exceptions to the Warrant Requirement 16 1. Search Incident to Lawful Arrest 16 2. The Carroll Doctrine 17 3. The Suitcase or Container Exception 18 4. Exigent or Emergency Circumstances 18 5. Stop and Frisk 19 6. The Plain View Doctrine (Plus Plain Feel) 20 7. Consent 21 8. What the Police May Do in the Context of a Traffic Stop 21 vi L. The Sui Generis Nature of the Law of Arrest 22 III. The Sanction for a Fourth Amendment Violation 23 A. The Exclusionary Rule 23 B. The Fruit of the Poisoned Tree Doctrine 25 IV. Independent State Grounds . . . . . . . . . . . 26 A Chronology of Supreme Court Justices 27 Features of This Book 29 Table of Abbreviations 31 Survey 33 Index 165 Table of Cases 171 About the Authors, Editors, and Contributors 181
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