Making Sense of Search and Seizure Law
Making Sense of Search and Seizure Law

Author: Phillip A. Hubbart

Publisher:

Published: 2005

Total Pages: 432

ISBN-13:

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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

Search And Seizure Law of New York State
Search And Seizure Law of New York State

Author: Victoria Scott

Publisher: Independently Published

Published: 2023-11-09

Total Pages: 0

ISBN-13:

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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.

Search and Seizure Law of NYS - 2nd Ed
Search and Seizure Law of NYS - 2nd Ed

Author: Chief Michael Ranalli

Publisher: LLP

Published: 2015-12-31

Total Pages:

ISBN-13: 9781608851614

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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.

Real World Search & Seizure
Real World Search & Seizure

Author: Matthew Medina

Publisher: LLP

Published: 2012-09

Total Pages: 0

ISBN-13: 9781608850549

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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.

The Search and Seizure Handbook
The Search and Seizure Handbook

Author: David M. Waksman

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9780135038451

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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.

Unreasonable
Unreasonable

Author: Devon W. Carbado

Publisher: The New Press

Published: 2022-04-05

Total Pages: 295

ISBN-13: 1620974258

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How the Supreme Court’s decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people. A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death. Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today’s most pressing issue.