Making Sense Of Search And Seizure Law
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Search and Seizure Law of NYS - 2nd Ed
| Author | : Chief Michael Ranalli |
| Publisher | : LLP |
| Total Pages | : |
| Release | : 2015-12-31 |
| Genre | : Searches and seizures |
| ISBN | : 9781608851614 |
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.
Making Sense of Search and Seizure Law
| Author | : Phillip A. Hubbart |
| Publisher | : |
| Total Pages | : 432 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : |
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
Proactive Policing
| Author | : National Academies of Sciences, Engineering, and Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 409 |
| Release | : 2018-03-23 |
| Genre | : Law |
| ISBN | : 0309467136 |
Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.
Our Rights
| Author | : David J. Bodenhamer |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 258 |
| Release | : 2007 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0195325672 |
"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Reconstructing the Fourth Amendment
| Author | : Andrew E. Taslitz |
| Publisher | : NYU Press |
| Total Pages | : 377 |
| Release | : 2009-03 |
| Genre | : Law |
| ISBN | : 0814783260 |
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Unreasonable
| Author | : Devon W. Carbado |
| Publisher | : The New Press |
| Total Pages | : 295 |
| Release | : 2022-04-05 |
| Genre | : Political Science |
| ISBN | : 1620974258 |
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.
Supplement to Eighth Editions, Modern Criminal Procedure
| Author | : Yale Kamisar |
| Publisher | : |
| Total Pages | : 374 |
| Release | : 1995 |
| Genre | : Criminal procedure |
| ISBN | : |
The Supreme Court and the Fourth Amendment's Exclusionary Rule
| Author | : Tracey Maclin |
| Publisher | : |
| Total Pages | : 414 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0199795479 |
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
The Fourth Amendment in Flux
| Author | : Michael C. Gizzi |
| Publisher | : University Press of Kansas |
| Total Pages | : 200 |
| Release | : 2016-06-17 |
| Genre | : Political Science |
| ISBN | : 0700622578 |
When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.
