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Update on Search and Seizure

NCJ Number
Prosecutor Volume: 23 Issue: 2 Dated: (Fall 1989) Pages: 9-10,12,14-19
J R Potuto
Date Published
9 pages
This explanation of search-and-seizure law focuses on the requirements of probable cause, the warrant, specificity, and the reasonableness of the search.
The discussion of the warrant requirement covers the meaning and consequences of this requirement and the "good-faith" exception to the requirement of a valid warrant. The meaning of "probable cause" is reviewed as well as the procedure for determining it as the basis for a search warrant. After explaining the requirements of specificity and the reasonable scope of a search, limitations on the place to be searched are reviewed. A discussion of exceptions to the warrant requirement encompasses a search incident to arrest, consent, plain view, automobiles, hot pursuit and other emergency situations, and administrative and other regulatory searches. Other major sections of the article address the reasonable expectation of privacy, standing to raise a fourth amendment violation, stop and frisk, the application of the exclusionary rule, "fruit of the poisoned tree," and escalating cause. 99 footnotes.