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Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment
Criminal Procedure Investigation [Connected eBook with Study Center], Fourth Edition
Texas Search and Seizure provides an integrated, comprehensive treatise on the Texas law of arrest and search. It offers both quick answers and in-depth analysis. A convenient and authoritative research tool for preparation of motions to suppress, as well as trial and appellate briefs, Texas Search and Seizure serves as a courtroom reference for trial attorneys as well as a bench book for judges. Readers can rely on the expertise of Judge Barton for practical solutions to complicated issues. Judge Barton integrates federal, state, and constitutional case law in an understandable and intuitive way that attorneys and judges throughout Texas have come to depend on. Texas Search and Seizure is organized in a precise, coherent format with a table of contents, a synopsis of each major section and a subject index. Major sections contain suggested forms for motions to suppress evidence, objections, and the trial court’s charge, as well as cross-references to related sections.
This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the U.S. Supreme Court. It concentrates on the changes in interpretation that have taken place since the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule-which makes illegally seized evidence inadmissible in court-to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that, prior to Mapp, the Court relied on the warrant rule, which, with limited exceptions, emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by establishing new exceptions to the warrant rule, developing both the reasonableness approach and the special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect to the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world. The Evolution of the Fourth Amendment is ideal for upper-level undergraduate and graduate students in political science, constitutional law and history, civil liberties, and criminal, justice courses. Book jacket.
Written by a former federal prosecutor and public defender, Criminal Law and Procedure: A Courtroom Approach introduces students to the essentials of criminal law and procedure by illuminating the legal issues justice professionals face before, during, and after a criminal trial. Through the examination of statutes, edited case excerpts, and recent constitutional interpretation of black letter law, the text bridges the gap between learning criminal procedure and applying criminal law. Drawing from author Stephanie A. Jirard’s vast experience in both the courtroom and the classroom, Criminal Law and Procedure gets students to think critically about real-world issues and practice applying the law in a just and meaningful way. Accessible and engaging, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system.
Legal Guide for Police: Constitutional Issues, 11th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. A new chapter covers warrantless searches involving cell phones and other technology, as well as vehicles. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2018 term of court. Important cases added to this edition include: Riley v. California (2014), Florida v. Jardines (2013), Birchfield v. North Dakota (2016), Heien v. North Carolina (2014), and Byrd v. United States (2018). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text. Also available as an audiobook.
In a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended. Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.
The sixth edition of Briefs of Leading Cases in Corrections provides accurate and concise coverage of topics of vital importance to criminal justice personnel - prison law, probation, parole, the death penalty, juvenile justice, and sentencing. Each chapter contains an introduction to the topic area, making the book more user-friendly and a better source of succinct legal information than before.