NCJ Number
30046
Journal
University of Miami Law Review Volume: 29 Issue: 3 Dated: (SPRING 1975) Pages: 491-558
Date Published
1975
Length
68 pages
Annotation
COMPARATIVE ANALYSIS OF WARRANTLESS POLICE SEARCH, THE RELATED SEIZURE OF CHATTELS, AND THE INTERCEPTION OF COMMUNICATIONS IN THE TWO COUNTRIES.
Abstract
FOLLOWING A DISCUSSION OF THE PRINCIPLES OF PROBABLE CAUSE AND RELIABILITY, THE QUESTIONS OF WHETHER AND UNDER WHAT CIRCUMSTANCES WARRANTS ARE REQUIRED ARE EXAMINED. EMPHASIZED IS THE PROBLEM OF DEFINING THE CIRCUMSTANCES AND PURPOSES FOR WHICH SEARCHES AND SEIZURES MAY BE MADE. SPECIFIC AREAS CONSIDERED INCLUDE SEARCHES FOR HUMAN BEINGS, FOCUSED SEARCH FOR TANGIBLE AND INTANGIBLE OBJECTS, AND FOCUSED SEARCH OR ANALYSIS FOLLOWING SEIZURE. THE AUTHOR CONTENDS THAT A MAJOR DIFFERENCE BETWEEN THE TWO SYSTEMS LIES IN THE ORDINARY METHOD OF REDRESS FOR UNLAWFUL SEARCH AND SEIZURE - PRIVATE LAWSUITS IN ENGLAND AND EXCLUSION OF EVIDENCE IN THE UNITED STATES. A HISTORICAL EXAMINATION OF MAGISTERIAL NEUTRALITY AND THE GENERAL WARRANT IS APPENDED TO THIS ANALYSIS. AN OUTLINE OF THE ARTICLES CONTENTS IS ALSO INCLUDED.