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Constitutional Law Outline for the Fourth and Fifth Amendments of the United States Constitution

NCJ Number
Dan S. Murrell
Date Published
65 pages
Intended as a quick reference for law enforcement officers, this booklet answers the most frequently asked questions regarding the mandates and limitations of the Fourth and Fifth Amendments of the U.S. Constitution.
The questions and answers focus on the general topics of arrest, search and seizure, and warrants, as well as the Fifth Amendment rights of the accused. Questions pertinent to "stop and frisk" focus on investigatory stops, use of force, and frisking. Questions on arrest and search and seizure include definitions of seizure and arrest; the standard of probable cause; arrest warrants; valid arrests; the use of force; and Fifth Amendment rights that affect arrest, search, and seizure. Questions and answers regarding search warrants cover the topics of permissible objects for which searches may be conducted, the sufficiency of the affidavit to obtain a warrant, inaccurate statements, probable cause, informants, application and "staleness," content, particularity, and execution. Questions and answers on warrantless searches and seizures include attention to the application of the exclusionary rule. Issues related to vehicle searches are lessened expectation of privacy, probable cause for a vehicle search, the scope of a vehicle search, and inventory searches. Other topics addressed include the plain view doctrine, protective sweeps, roadblocks, and curtilage. Questions and answers on the Fifth Amendment rights of the accused cover grand juries, interrogations, confessions, and double jeopardy.