Criminal Procedure - Fourth Amendment : Home

"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 or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV

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This handbook is the definitive guide to understanding Fourth Amendment case law. With summaries of all Supreme Court Fourth Amendment decisions through January 2019, the book is an excellent reference on the evolving history of the Fourth Amendment. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The Handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure.

Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.

The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.

When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.

Available via LexisNexis Digital Library
Understanding Criminal Procedure is primarily designed for law students and is organized and written so that both students and professors can use it with confidence to better prepare for courses and improve classroom dialogue. The two-volume format allows you to purchase one or both volumes based on the topics covered in your course. Already cited extensively in scholarly literature and judicial opinions, scholars, practicing lawyers, and courts will also find the expanded content of this newest edition indispensable. Inside you'll find extensive coverage of the most important United States Supreme Court cases and discussion of the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases. Overarching policy issues are considered extensively, and some of the hottest debates in the field are considered with high-quality and objective analysis. The user-friendly organization of the text helps you to develop a comprehensive understanding of broad topics, or to refine your focus with intuitive subsections that help you find answers to pressing questions more efficiently. Citations to important scholarship, both classic and recent, help you to expand and refine your research on specific topics with ease, and footnotes include cross-references within the text to help you easily move to different chapters and subsections to understand how topics are inter-related. This first volume, Investigation, is intended for use in introductory criminal procedure courses focusing primarily or exclusively on police investigative process and constitutional concerns. A chapter on the defendant's right to counsel at trial and appeal and other non-police-practice issues is included in both volumes to allow greater flexibility based on the design of particular courses. The eighth edition of Investigation incorporates all of the major Supreme Court cases since the last edition was published, such as Carpenter v. United States, Mitchell v. Wisconsin, Collins v. VIrginia, and Kansas v. Glover. It also includes an in-depth discussion of the mosaic theory of searches, and contains expanded coverage of issues surrounding border searches, the third-party doctrine, and the exigent circumstances exception to the warrant requirement. The second volume, Adjudication, covers the criminal process after the police investigation ends and the adjudicative process commences. It is most useful in more advanced criminal procedure courses that follow the criminal process through the various stages of adjudication, commencing with pretrial issues and explaining the process through charging, pretrial release and discovery, the trial, and post-conviction proceedings including sentencing and appeals. These convenient softbound volumes are supplemented annually so you can be confident that you are using up-to-date law.

10th ed. available via Aspen Learning Library
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Available via Aspen Learning Library
Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here's why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work. Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.

This book gives you everything you need to know about basic criminal procedure principles, presented in a no-nonsense fashion. It includes references to recent, relevant decisions handed down by the United States Supreme Court. In addition, Principles of Criminal Procedure contains helpful study devices such as "focal points" at the beginning of each chapter, and "points to remember" at the end of each section. This is the only study aid you will need to help you understand basic criminal procedure principles in U.S. law.

Now in its second edition, Core Criminal Procedure uses bar-style multiple-choice questions to teach and review the core Fourth, Fifth, and Sixth Amendment topics covered in most law school criminal procedure classes. It is the only supplement on the market to both provide comprehensive coverage and use the format of the National Conference of Bar Examiners (NCBE). Core Criminal Procedure was written for: Students, who can use the book in parallel with their assigned criminal procedure reading and to prepare for the Multistate Bar Exam at the same time; Professors, who can use the book to solidify class assignments, to help develop required formative assessments, and to prepare their students for the Multistate Bar Exam; and Bar examinees, who can use the book to either learn criminal procedure for the first time or to refresh themselves on discrete topics, in preparation for the Multistate Bar Exam. The first half of the book consists of 500 multiple choice questions, grouped together by topic. Each question uses the same testing format used by the NCBE. Within each grouping, questions begin with the basic concepts and then increase in complexity. The second edition includes 50 new questions and has been updated to include every major Fourth, Fifth, and Sixth Amendment Supreme Court decision through the 2020-2021 term. The second half of the book consists of succinct explanations, with citations to relevant Supreme Court and other major criminal procedure decisions. Because Core Criminal Procedure focuses on comprehensive coverage and major cases, this book can be used as a complement to any criminal procedure casebook.

This Short and Happy Guide makes the law about police practices and criminal trial proceedings accessible and easy to remember. Learn the key points of search and seizure law, police interrogation, the right to counsel, the exclusionary rule, pretrial release, grand jury investigations, joinder, criminal discovery, plea bargaining, jury trials, pretrial publicity, double jeopardy, appeals, and post-conviction standards. Dominate your classes in Criminal Procedure and your skills courses in Trial Advocacy!

Available via LexisNexis Digital Library.
This book and its companion, Q&A: Criminal Procedure -- Prosecution and Adjudication, will assist readers' learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers arrest, search and seizure, interrogation, identification, suppression issues, and entrapment.

This product presents in checklist format the series of issues that must be understood in order to identify and resolve the range of legal issues presented in an examination question. Checklists are provided for all topics generally covered in the basic criminal procedure course.

This nutshell is intended for use by law students of constitutional criminal procedure. It is a succinct analysis of the constitutional standards of major current significance. This is not a text on criminal procedure, but rather about constitutional criminal procedure. It avoids describing the non-constitutional standards applied in each state and federally. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.

Designed for use as supplemental reading in an advanced criminal procedure course on the post-investigation processing of a criminal case. Includes a clear, concise, and thorough narrative explanation of the issues involved in the prosecution and adjudication of a criminal case, from the decision to prosecute and pre-trial release through to sentencing, appeal and collateral attack. Ideal reference for students and practitioners.

This product is a short, clear, concise, and substantive outline. It is designed to make the study of criminal procedure clear and convenient and to help students prepare for their law school exams. The main text is an outline of the substantive content. The concise format provides a comprehensive overview, allowing students to review the subject quickly prior to final exams.

Available via LexisNexis Digital Library.
Mastering Criminal Procedure, Volume 1: The Investigative Stage provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation. The focus is on the Fourth, Fifth, and Sixth Amendments as they relate to the warrant requirement for searches, exceptions that allow warrantless searches, the seizure of evidence and individuals, and the interrogation of suspects.

Available via LexisNexis Digital Library
Skills & Values: Criminal Procedure allows students to experience the connection among theory, doctrine, and practice in criminal procedure law. The exercises provide an opportunity for studying concepts from the perspective of a practicing attorney who must not only know the law, but also employ lawyering skills and values--such as legal strategy, factual development, advocacy, counseling, drafting, problem solving, and ethical principles--in zealously representing a client.

Available via Aspen Learning Library
A concise and student-friendly study guide, Inside Investigative Criminal Procedure: What Matters and Why offers a big-picture view that looks at how all of the essential elements of a criminal investigation fit together as part of a coherent framework of legal theory and practice. A rich pedagogy features graphics, Sidebars, and Frequently Asked Questions, as well as other learning aids, to guide comprehension and reinforce learning. Features: basic coverage of the main themes of Investigative Criminal Procedure that focuses on what matters and why straightforward, lucid, and informal writing style dynamic pedagogy that supports learning and facilitates use: Overviews that briefly introduce and position the topic of each chapter within the context of the course, to clearly convey to students what the topic is about and why it matters FAQs, or frequently asked questions, that address common mistakes and misconceptions Sidebars that offer additional insight and background information, or highlight important or illustrative cases Tables and Flowcharts that illustrate concepts Chapter summaries and bolded key terms Connections--brief sections at the end of each chapter that connect the material just covered to key points in other chapters' a well regarded feature that illuminates the underpinnings and framework of the subject Readable and concise, Inside Investigative Criminal Procedure: What Matters and Why helps students to become more engaged in the course by offering clear explanations that demystify the material without oversimplifying it. Author Julian Cook provides multiple platforms for testing and reinforcing students' understanding of key concepts and rules.