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Search and Seizure

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5th Edition
ISBN: 9780769888453
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5th Edition
ISBN: 9780769888453
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Search and Seizure, Fifth Edition is the only book of its kind written by an active trial lawyer for other active trial lawyers and judges. Use the author's first-hand experience to learn about the law of search and seizure as it is actually interpreted on the streets and in courts of law.

Search and Seizure addresses the types of issues that busy practitioners and judges encounter every day. It analyzes the principles and applications of search and seizure law, unlocking its subtleties and providing the tools to ensure that no aspect of your case is overlooked.

Clearly written and comprehensive in scope, Search and Seizure offers expert insight on such issues as reasonable expectation of privacy, consent, and probable cause, as well as current guidelines governing search and seizure in such specific circumstances as vehicles, professional offices, and airports. It contains practice pointers throughout the text, concise summaries of the standards of governing a particular rule of search and seizure law, and numerous checklists you can use to debrief a client or prepare for a suppression motion and hearing. Extensive case citations illustrate the applications of the Fourth Amendment and, in every case, describe precisely the exact location of the quotes within a case.

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Table of Contents

Ch. 1 Introduction

Ch. 2 Analyzing Search And Seizure Problems

Ch. 3 Privacy And Trespass

Ch. 4 Standing To Object To A Search

Ch. 5 Informational Privacy and the Third Party Doctrine

Ch. 6 Probable Cause

Ch. 7 The History And Purpose Of The Exclusionary Rule

Ch. 8 The Good Faith Exception To The Exclusionary Rule

Ch. 9 Other Questions of Application of the Exclusionary Rule

Ch. 10 Fruit Of The Poisonous Tree Doctrine And Inevitable Discovery

Ch. 11 Independent State Grounds

Ch. 12 Consent Searches

Ch. 13 Plain View, Hearing, Smell, And Feel

Ch. 14 Dogs And Mechanical Sniffers

Ch. 15 Open Fields

Ch. 16 Curtilage

Ch. 17 Searches In Other Areas Open To Others Or The Public

Ch. 18 Private Searches

Ch. 19 Abandonment

Ch. 20 Exigent Circumstances And Hot Pursuit

Ch. 21 Terry Stop And Frisk

Ch. 22 Search Incident To Arrest

Ch. 23 Vehicle Stops And Seizures

Ch. 24 Vehicle Searches

Ch. 25 Premises

Ch. 26 Business And Professional Offices

Ch. 27 First Amendment Rights

Ch. 28 Arrest And Other Seizures Of Persons

Ch. 29 Warrantless Entries To Arrest

Ch. 30 Searches Of Persons, An Overview

Ch. 31 Body And Strip Searches

Ch. 32 Urine, Blood, And DNA Testing

Ch. 33 Prisoners

Ch. 34 Parolees And Probationers And As A Condition Of Bail

Ch. 35 Border Stops And Searches

Ch. 36 Immigration Stops And Searches

Ch. 37 Vessels

Ch. 38 Mail And Packages

Ch. 39 Luggage And Other Personal Containers

Ch. 40 Inventory

Ch. 41 Airports And Bus And Train Stations

Ch. 42 Electronic Surveillance (Non-Title Iii)

Ch. 43 Administrative And Regulatory Searches And Seizures

Ch. 44 Foreign Searches And Seizures

Ch. 45 National Security Searches And Seizures

Ch. 46 Special Needs Of Government

Ch. 47 School Searches

Ch. 48 Area-Entry Searches

Ch. 49 Subpoena Duces Tecum

Ch. 50 Documents

Ch. 51 Computers And Other Electronic Devices

Ch. 52 Military Searches And Seizures

Ch. 53 Warrant Requirement In General

Ch. 54 Neutral And Detached Magistrate Requirement

Ch. 55 Applications For Warrants

Ch. 56 Particularity Requirement

Ch. 57 Challenging Truthfulness Of Application For Warrant

Ch. 58 Conduct And Scope Of Searches And Execution Of Warrants

Ch. 59 Return Of And Access To The Search Warrant Papers

Ch. 60 Litigating The Motion To Suppress

Ch. 61 Crimes And Ethics Of Interfering With Arrest And Search

Ch. 62 Appellate Review

Ch. 63 Post-Conviction Review

Ch. 64 Civil And Other Remedies