. . . I wanted you to know how much I appreciate the work you did in writing the search and seizure manual. I am sure that it is a most helpful part of every defense and prosecutor’s library. Thanks for your effort.
Atty. Peter A. Kelly
I want to thank you once again for presenting at the conference. I have had several judges say that they thought your presentation was the best presentation at the conference!!! I also overheard at least two more judges saying the same thing to their colleagues in my presence, not knowing who I was, or that I had anything to do with the conference. I was able to attend myself, and I agree with them !!! Your outline is also " the talk of the conference." They love it !!! And so do I.
Hon. Richard M. Smith, Jr.
I loved your presentation! WOW! Great job. Many of us in your session on Search and Seizure were very pleased, not only with your presentation, but also with your Practice Manual.
María M. Avilez
Town Magistrate
Sahuarita Municipal Court
Contents:
Constitutional Provisions - Federal and Arizona
General Search and Seizure Principles
Actions Must be Justified at Inception
Objective Text
Collective Knowledge
Burdens of Proof
Least Intrusive Option
Defendant`s Testimony at Suppression Hearing
Participation of Federal or State Officers
Preliminary Considerations -- Is the Fourth Amendment Applicable?
Expectation of Privacy (Standing)
Automobiles
Houses/apartments/Doorways, Hallways and Driveways/Knock and Talks
Hotels/Motels/Tents
Jails
Garbage, Lockers, and Items in Public Places
Probation and Parole
Mail and Packages
Unmanned Surveillance Cameras
Bank Records
Foreign Searches
Office Searches
Computer Searches
Transmitters on Vehicles, Boats and Airplanes
Abandonment
Was There a Search? -- General Rule
Things That Are Not a Search
When a Search Occurs
Not a Search (Consensual Encounters)
Government Action
Stop or Arrest by Private Citizen
Private Mail Carriers, Other Carriers and Airlines
Schools
Private Security Guards, Off-Duty Officers, Tribal Officers and Others
Hospital Employees/Paramedics
Hotel/Motel Employees
Probation and Parole Officers
Employer`s Search of Employees
Foreign Searches
Warrants
Arrest Warrants
Exigent Circumstances and Consent
Presumption of Regularity
Good Faith
“Pretext“
Third Party Entry and Media “Ride-Alongs“
Method of Arrest by Officer by Virtue of Warrant
Right of Officer to Break into Building
Other Arrest Statutes
Search Warrants
Affidavits and Procedures
False, Misleading or Reckless Statements
Informants
Particularity Requirement
Occupants
Staleness
Notice
Anticipatory Search Warrants/Time for Execution and Return Generally
Receipt for Property and Retention of Property
Return of Warranmt and Inventory/Restoration of Property
DUI Search Warrants
Nightime Execution of Search Warrants
Knock and Announce
Good Faith
Doctrine of Severability
“Murder Scene“ Exception
Third Party and Media Ride Along
Wiretap Evidence
Search by Magistrate
Obtaining Physical Characteristics Under A.R.S. § 13-3905
Exceptions to the Warrant Requirement (Warrantless Searches and Seizures
Seizures (Stops, Detentions and Arrests)
Reasonable Suspicion to Stop and Detain
Traffic Stops/Detentions
Border Stops and Related Searches
Detention of Packages or Mail
Roadblocks
Airport Detentions
Arrest
De Facto Arrest and What Constitutes Arrest (including Restraints)
Statement or consent as Fruit of Illegal Stop, Detention or Arrest
Frisks (Pat-Downs)
People
Cars
Plain View (and Plain Smell)
Consent
Vehicle Searches
Exigent Circumstances
Search Incident to Arrest
Inventory Search
Hotel and Motel Searches
Prospective Sweeps
Administrative Searches
If There Is an Unlawful Search or Seizure (Exclusionary Rule)
General Rule
Inevitable Discovery
Independent Source
Immunity from Prosecution
Identity
Suppression in Criminal Trial Only
Dissipation of the Taint
Statements or Consent as Fruit of Illegal Stop, Detention or Arrest
Miranda Violation
Admissibility at Criminal Trial of Evidence Seized in Violation of Fourth Amendment
Appeal of Supression Order
Defendant May Appeal Suppression Order
State May Appeal Suppression Order
Standards
Factual Findings and Motions to Suppress
Reasonable Suspicion
Probable Cause
Warrants
Preserving Argument/Waiver/Adequacy of Record
Analyzing Search and Seizure Issues -- Stey by Step
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