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Search and Seizure Law  

This Libguide will concentrate on the rights individuals have under the Fourth Amendment of the U.S. Constitution
Last Updated: Jun 29, 2016 URL: http://pccc.libguides.com/content.php?pid=672061 Print Guide RSS Updates

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PCCC Books

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The Fourth Amendment - Searches and Seizures - Arthur Dorbin; Cynthia Lee (Editor)
Call Number: KF 9630.F68 2011
ISBN: 9781616141806
Publication Date: 2011-01-15

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The Fourth Amendment - Charles M. Wetterer
Call Number: KF 9630 .W48 1998
ISBN: 089490924X
Publication Date: 1998-06-01

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Freedom from Unfair Searches and Seizures - Kristin O'Donnell Tubb; Kimberly Troisi-Paton (Editor)
Call Number: KF 9630 .Z9 F74 2006
ISBN: 0737719273
Publication Date: 2005-09-30

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Search and Seizure - Martha Bridegam
Call Number: KF 9630.B75 2005
ISBN: 0791074870
Publication Date: 2004-10-01

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Search, Seizure, and Privacy - Darien A. McWhirter
Call Number: KF 9630 .A7 M36 1994
ISBN: 0897748549
Publication Date: 1994-09-29

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Abramson's Quick Review of Criminal Procedure,2d - Leslie W. Abramson
Call Number: KF 9619 .A727 2013
ISBN: 9780314288004
Publication Date: 2013-07-09

 

Basics of search and seizure law

Anyone interested in search and seizure law in the United States is advised to read carefully  the Bill of Rights, especially the Fourth Amendment.  Through the doctrine of Incorporation, this Amendment ( and others)  applies to the states.  The Amendment reads:" The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized."   The language is clear on its face. It is the application that is difficult.  Law schools have full semester courses on search and seizure law.  The courses are difficult and require a close reading of case law, usually United States Supreme Court cases.  Criminal Justice students, especially those who wish to become police officers need to know how to legally apply the Fourth Amendment.    They also should be familiar with their state law, as in some cases states provide more protection with regard to searches and seizures. The video included in this Libguide illustrates this point.   One should ask questions  like:  what is probable cause? , what is a search? what is a seizure? what is reasonable suspicion? what consititutes an arrest? when is it necessary to have a warrant?  when do exceptions apply and what are they?- these questions need to be discussed.  Police officers often have to act quickly and under duress.  Any evidence found ( and it often is) may be excluded from trial if obtained in violation of the Fourth Amendment or the long line of cases that over the years have construed the Amendment.  This Libguide can only cover the basic points.  PCCC Library has very good books on the subject and there are excellent websites ( at least one is over 30 pages long) that provide instruction and references to cases.

PCCC books can be found under the call number  KF 9630   One book, for which there is no picture of the cover, is "Search and Seizure: The Fourth Amendment for Law Enforcement Officers" by Robert Henley   KF 9630 .W66 2006.  This is an excellent book that explains the Amendment in clear language.  It is written for law enforcement officers.  Chapters 2, 3,  4 and 7 are especially good.  Another book  ( designed for law students, but still helpful) is under call number KF 9619.A727 2013  ( picture of cover is included in this Guide)

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