The Fourth Amendment Handbook, Third Edition
, is the definitive guide to understanding Fourth Amendment case law. With summaries of all Supreme Court Fourth Amendment decisions through 2009, the book is an excellent reference on the evolving history of the Fourth Amendment. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The Handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure.
The Third Edition of the Handbook contains Supreme Court case summaries through December 2009. The book also features:
- A chronological table of cases -- including the case name, charge on arrest, authority for arrest, articles seized, warrant clause, exceptions to warrant clause, and decision
- A conceptual index -- a ready tool for tracking the evolution of particular Fourth Amendment doctrines
- A detailed 25-page introduction, providing an overview of particular Fourth Amendment doctrines
- A Supreme Court roster from 1914 through the 2009 term -- so that members of the court can be placed in their historical context
- An indication of cases that have been overruled
- An alphabetized table of cases
- A table of abbreviations
The revised and expanded introduction, again written by the Honorable Charles E. Moylan, Jr., provides the conceptual framework for the case analyses that follow. Judge Moylan begins his discussion by delineating a three-part approach to Fourth Amendment cases:
1. Is the Fourth Amendment applicable here?
2. If so, what does it require in these circumstances?
3. When its requirements have not been met, what should the sanction be?
He then reviews the twists and turns in Fourth Amendment jurisprudence (and makes some predictions about its future) as he discusses the following issues:
- What constitutes a "search" or a "seizure"?
- What difference does it make who conducts the search?
- What are the key elements of the warrant requirement and its exceptions?
- What is probable cause?
- What is the exclusionary rule, and how does it operate?
Judges, law-enforcement officers, and other members of the criminal justice community will find valuable information in this important resource.