Making Sense of Search and Seizure Law


Book Description

Click here to read a sample chapter. To download the 2008 Supplement, click on this link: http://www.cap-press.com/files/hubbart/hubbart2008.pdf. 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 laid forth by numerous U.S. Supreme Court decisions on the subject -- so that it is understandable 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 (such as judges, prosecutors, defense lawyers, police legal advisors, as well as teachers and students) at the law school, undergraduate, and law enforcement levels will find this book extremely useful. "Hubbart's elegant book is the most thorough, organized and lucid study of the Fourth Amendment that I have ever read. Unlike any other work on this subject!" --Gerald Kogan, Chief Justice, Florida Supreme Court (retired) ". . . I have found Hubbart's slim and easy to read volume a necessity for any serious criminal practitioner's library. . . a fantastic resource." --The Champion, The National Association of Criminal Defense Lawyer's Monthly Magazine "It's easily the best single one-volume hornbook on the Fourth Amendment that has been written -- one that is certain to be useful both to practitioners and scholars alike. There is no other manageable publication that analyzes and restates current law based on the Supreme Court's more than 400 Fourth Amendment decisions." --Norman Lefstein, Professor of Law and Dean Emeritus, Indiana University School of Law--Indianapolis "I have had several occasions to use the book and have always found it helpful." --Professor Yale Kamisar, Clarence Darrow Distinguished University Professor of Law Emeritus, University of Michigan Law School




The Search and Seizure Handbook


Book Description

Cited by the United States Supreme Court as a valuable training source, this book helps beginning college students and police officers understand key cases and issues of the Fourth Amendment. Its concepts are easy to grasp and its strengths include the simplicity of the legal discussions and the sample search warrants and consent to be searched forms. Drawing on the author's extensive experience, the handbook provides readers with a basic understanding of the Constitution and the safeguards that law enforcement officers must have to operate successfully within the current criminal justice system. For courses in the Law of Search and Seizure and Basic Criminal Justice.




Search And Seizure Law of New York State


Book Description

In the realm of legal rights and civil liberties, few areas are as essential and contentious as the Fourth Amendment, which safeguards individuals against unreasonable searches and seizures. "Navigating the Fourth Amendment: A Comprehensive Guide to Search and Seizure Law in New York State" is your indispensable resource for understanding and navigating the intricacies of search and seizure law in one of the United States' most complex and diverse jurisdictions. New York State's search and seizure laws are shaped by a rich tapestry of constitutional precedent, statutory provisions, and case law that uniquely reflects the state's distinct legal landscape. This comprehensive guide delves deep into the complexities of this legal landscape, providing a thorough exploration of the rights and protections afforded to New Yorkers under the Fourth Amendment. Key Features: Historical Context: Delve into the historical evolution of search and seizure law, tracing its roots from the founding principles of the United States Constitution to its present-day significance in New York State. Constitutional Framework: Explore the Fourth Amendment in detail, deciphering its language, intentions, and applications within the state's legal framework. Legal Procedures: Gain insights into the various legal procedures, including warrants, probable cause, and reasonable suspicion, that govern law enforcement actions in New York State. Landmark Cases: Examine pivotal Supreme Court and state court decisions that have influenced the interpretation and enforcement of search and seizure law in New York. Current Trends: Stay up-to-date with the latest developments and trends in search and seizure law, including the impact of emerging technologies on privacy rights. Practical Guidance: Receive practical advice and recommendations for individuals, lawyers, and law enforcement personnel navigating the complexities of search and seizure law in New York State. Rights and Responsibilities: Understand your rights and responsibilities when encountering law enforcement, ensuring you are informed and prepared to protect your constitutional liberties. Whether you are a legal professional seeking a comprehensive reference, a concerned citizen looking to safeguard your rights, or a law enforcement officer striving for compliance and justice, "Navigating the Fourth Amendment" is your go-to guide for mastering search and seizure law in New York State. This book equips you with the knowledge and tools needed to confidently engage with this critical aspect of the legal system, empowering you to protect and advocate for your rights in the Empire State.




Real World Search & Seizure


Book Description

Written by Assistant State's Attorney, Matthew J. Medina, this thorough, easy to understand guide sheds case-saving light on the principles of the search and seizure law, from Terry Stop sand pat downs to the nuances of 3rd party consent and issues surrounding the use of various information sources during warrant requests. You'll get expert guidance on pivotal topics including: the "Exclusionary Rule," the "Fellow Officer" rule, common law right to inquire, vehicle search issues, stop & frisk, and search incident to arrest. Plus, all new material including: practical, real-world samples of search warrants; affidavits & Miranda warnings; and actual defendant and witness' statements that have been tried, tested and enhanced in anticipation of common areas of defense cross examination. New case citations culled from the 112 new U.S. Supreme Court Cases and hundreds of Appellate Court Rulings that have occurred since the release of the 1st Edition.







Search & Seizure Survival Guide


Book Description

This book provides concise, targeted information for police officers. The Fourth Amendment only prohibits one type of search or seizure, the unreasonable one. This book explains what those factors are. It is written in a checklist type format and officers around the country have expressed their appreciation for its down-to-Earth writing style and easy-to-apply format.







Search & Seizure


Book Description







Unreasonable Searches and Seizures


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.