Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders |
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The Fourth Amendment to the United States Constitution requires that searches and seizures conducted under governmental authority be "reasonable". It states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
But the reality is not always that straightforward.
What constitutes an effective waiver of Miranda rights?
What constitutes a "search" under the Fourth Amendment?
Are police service dogs equal to "deadly force?"
What constitutes a "seizure?"
What does "reasonable suspicion" mean?
Noted author and Chief of Law Enforcement for the Utah Attorney General, Ken Wallentine, has written a new book intended to answer these questions, and act as a guide for police, prosecutors, and defenders.
This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail. In addition, citations are included in the book so that readers may find and read the entire case for more information.
Finally, numerous charts and guides are included throughout the book to make this as practical a guide as possible, including: a Quick Checklist for Search Warrant Affidávit, a Force Options Chart, an Affiant Training and Experience Resumé Guide, a Telephonic Warrant Form, an Interrogation Flow Chart, and much, much more. The consequences of a failure to properly understand and implement search and seizure can be too tragic to imagine. Make sure everyone involved with criminal procedure in your organization is equipped with this thorough and understandable guide.
Table of Contents
Chapter I. Investigative Detention
Chapter II. Traffic Detention
Chapter III. Arrest
Chapter IV. Use of Force
Chapter V. Interview & Interrogation
Chapter VI. Warrantless Search & Seizure
Chapter VII. Search Warrants
Chapter VIII. Electronic Media Concerns
Chapter IX. Canine Search & Seizure
Appendices
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"The most practical and comprehensive treatise on criminal procedure for the police officer ever published...an indispensable inclusion to the library of every prosecutor and defense lawyer."
Loni DeLand, Criminal Defense Attorney
"Ken Wallentine's experience and training as a law enforcement officer and a lawyer make him uniquely qualified to inform equally about the basics and vagaries of criminal procedure. This is a must-read for any prosecutor or police officer. It should be mandatory reading for every officer while still at the Police Academy and for every law student who wants to be a criminal prosecutor."
Paul Amann, Assistant Attorney General
"A concise, well-organized authority on investigative pre-trial criminal procedure for the prosecutor who needs a quick answer, and the police officer in the field who wants to perform his or her duties more effectively."
Peter "Rocky" Rognlie, Civil Rights Attorney
"One of the most practical, straightforward texts I have had the pleasure to work from. Students will love the common sense, practical approach."
Kirk Torgensen, Chief Deputy, Utah Attorney General's Office
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