U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

MODEL RULES FOR LAW ENFORCEMENT - WARRANTLESS SEARCHES OF PERSONS AND PLACES - WITH COMMENTARY

NCJ Number
12725
Journal
Criminal Law Bulletin Volume: 9 Issue: 8 Dated: (OCTOBER 1973) Pages: 645-683
Author(s)
ANON
Date Published
1973
Length
39 pages
Annotation
DRAFT OF MODEL RULES SETTING FORTH STANDARDS FOR CONDUCTING WARRANTLESS SEARCHES AND SEIZURES NOT PRECEDED BY A SEARCH, WITH RULES, EXAMPLES, AND COMMENTARIES.
Abstract
THE MODEL RULES ARE THE OUTCOME OF THE PROJECT ON LAW ENFORCEMENT POLICY AND RULE-MAKING CONDUCTED AT THE ARIZONA STATE UNIVERSITY SCHOOL OF LAW. THE RULES ARE COMPOSED OF EIGHT SECTIONS - SEIZURE OF ITEMS IN PLAIN VIEW, SEARCHES INCIDENT TO ARREST, WARRANTLESS SEARCHES OF AREAS BEYOND THE IMMEDIATE CONTROL OF THE PERSON ARRESTED, HOT PURSUIT, EXCEPTIONAL CIRCUMSTANCES, WARRANTLESS SEARCHES OF PREMISES AND PROPERTY WHEN SUSPECT NO LONGER HAS RIGHT OF PRIVACY THEREIN, CONSENT SEARCHES, AND A SECTION DESCRIBING WHEN THE FOREGOING MODEL RULES MAY BE DISREGARDED. THE COMMENTARY FOR EACH SECTION DISCUSSES APPLICABLE CASES AND LIMITATIONS. A MODEL CONSENT FORM APPEARS AS AN APPENDIX.