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Greenhalgh, W: Fourth Amendment Handbook, Fourth Edition

Greenhalgh, W: Fourth Amendment Handbook, Fourth Edition


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Specificații

ISBN-13: 9781641054829
ISBN-10: 1641054824
Editura: American Bar Association

Notă biografică

William W. Greenhalgh was both a professor of law at Georgetown University Law Center teaching Constitutional Criminal Procedure and the director of the Prettyman-Stiller Legal Fellowship Program in the graduate school of the Law Center from 1963 until his death in 1994. In 1974, Prof. Greenhalgh became director of the Criminal Justice Clinic at Georgetown, serving in that capacity until his death. He was widely regarded as a pioneer and champion of clinical legal education. The author of many articles and books, Prof. Greenhalgh was considered a leading authority on the Fourth and Sixth Amendments to the U.S. Constitution.

Cuprins

Dedication iii

Foreword vii

by Andrew L. Sonner

Preface to the Fourth Edition ix

Preface to the Third Edition xv

Acknowledgments for the Fourth Edition xvii

Text of the Fourth Amendment xix

Introduction: A Conceptualization of the

Fourth Amendment 1

I. The Threshold Applicability of the Fourth

Amendment 1

A. Katz and the ¿Reasonable

Expectation of Privacy¿ 2

B. Applicability to Place 3

C. Applicability to the Person of the

Searcher 4

D. Applicability to the Person of the

Defendant 5

1. Proprietary Standing 5

2. The Rise and Fall of Automatic

Standing 5

3. Derivative Standing 5

4. Target Standing and Conspirator

Standing 6

5. Who Are ¿The People¿? 6

E. Applicability to Type of Police

Conduct 6

1. What Is a ¿Search¿? 7

2. What Is a ¿Seizure¿ of Property? 7

3. What Is a ¿Seizure¿ of a Person? 7

F. Miscellaneous Applicability 8

II. The Substance of the Fourth

Amendment 9

A. The Structure of the Fourth

Amendment 9

B. Objective Versus Procedural

Reasonableness 9

C. Administrative Searches and Other

Searches Serving ¿Special Needs

Beyond the Investigative Norm 10

D. General Reasonableness and the

Special Problem of Examining

Bodily Fluids for Traces of Drugs

and Alcohol 11

E. The Predicate for the Initial

Intrusion Versus the Scope and the

Manner of Searching 11

F. The Manner of Conducting a

Search and the Special Problem of

¿Knock and Announce¿ 12

G. Probable Cause 13

H. The Special Problem of Temporarily

¿Seizing¿ a Residence While

Obtaining a Warrant to Search It 14

I. The General Reasonableness

Approach Versus the Centrality of the

Warrant Requirement Approach 14

J. The Centrality of the Warrant

Requirement 15

K. Exceptions to the Warrant

Requirement 16

1. Search Incident to Lawful Arrest 16

2. The Carroll Doctrine 17

3. The Suitcase or Container

Exception 18

4. Exigent or Emergency

Circumstances 18

5. Stop and Frisk 19

6. The Plain View Doctrine (Plus

Plain Feel) 20

7. Consent 21

8. What the Police May Do in the

Context of a Traffic Stop 21

vi

L. The Sui Generis Nature of the Law of

Arrest 22

III. The Sanction for a Fourth Amendment

Violation 23

A. The Exclusionary Rule 23

B. The ¿Fruit of the Poisoned Tree¿

Doctrine 25

IV. Independent State Grounds . . . . . . . . . . . 26

A Chronology of Supreme Court

Justices 27

Features of This Book 29

Table of Abbreviations 31

Survey 33

Index 165

Table of Cases 171

About the Authors, Editors, and

Contributors 181