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CJ 212 - Criminal Procedure

Suggested Reading


"The Consent Exception to the Fourth Amendment warrant requirement"

The following readings will give you insights to the U.S. Supreme Court Decision which establishes the federal standard.

American Jurisprudence 2d
     Ref KF154 .A42.  A modern comprehensive text statement of American law, both state and federal. Cited as Am. Jur. 2d, this multi-volume legal encyclopedia is an invaluable resource that outlines a broad overview of an issue (such as consent search) and provides links to cases and other sources. Use the online version via Westlaw Campus.

American Law Reports
Also known as A.L.R.'s, this important legal reference includes cases as well as annotations that analyze the point of law found in a reported case. Access to the A.L.R's is via Westlaw.

Cases and Problems in Criminal Procedure: The Police
     Reserves KF9618 .M675 2004.

Criminal Procedure: An Analysis of Cases and Concepts
     Ready Ref KF9619 .W47 2000.
See Part A: The fourth amendment: search and seizure law.

Criminal Procedure and the Constitution
     Reserves KF9618 .I85 1990.
See Chapter 3, Section 9 for 'Consent Searches'.

Fundamentals of Legal Research
     Ready Ref KF240 .M469 2002.
The Table of Legal Abbreviations at end may be helpful.

Search and Seizure: A Treatise on the Fourth Amendment
     Ref KF9630 .L26 2004.
See volume 4: Consent Searches.

Searches & Seizures, Arrests and Confession. Volume One.
     Reserves KF9625 .R53 2003.
See Chapters One, Two and Nine.

Youth Justice in America Reserves
    
KF9780 .A37 2005.
The chapter titled: "Exceptions swallow the rule: warrantless searches" offers a very clear overview.

 

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Find Cases


Use:
Westlaw Campus - On Campus Only 
Westlaw Campus - Off Campus Only (If this database is slow, re-enter the database using a Firefox browser, and allow pop-ups.)

Westlaw Campus provides online access to cases from the courts of all 50 states and the Federal courts.

Cases pertaining to the consent exception lend themselves nicely to West's KeySearch option. KeySearch is extremely helpful when the user is unfamiliar with a specific area of the law. She will be directed to topics and subtopics by clicking relevant folder icons. For example:

Click on "Go" under KeySearch on the left hand menu.

Wait for a list of topics to appear, and select Criminal Justice.

Select Searches and Seizures, then select Consent.

Choose your state from the pull down menu. Click the Search button.

A list of cases will now appear. Click on the name of the case, e.g., Illinois v. Rodriguez, to view the case.

Use Field Restrictions and Search Connectors to assist in finding the most relevant Cases & Articles.

 

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Find Articles or Law Reviews


Use Westlaw Campus. In addition to providing statutes and cases, Westlaw Campus also provides access to law review articles and other scholarly journal information. To find articles:

1.  Enter your search terms as a Terms & Connectors search. For this assignment try the following three search tips:

2.  Limit to words in title as shown below. This offers more precise results.

3.  Enclose phrases within quotation marks as shown, again for more precise results.

4.  The exclamation point serves as the wildcard symbol (to pick up plurals and other forms of the root term preceding the ! )

5.  Select the Journals and Law Reviews database as shown below. Scroll down to "All Journals and Law Reviews". Or you might choose only those law reviews from the state that you are working with.

6.  Click "Go".

Screenshot from Westlaw Campus database

 

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Document Your Sources


Introduction to basic legal citation
By Peter W. Martin at Cornell.

Your professor requests that you adhere to the document above for citing sources for your paper. It is based on the more detailed Bluebook: a uniform system of citation (Ready Ref KF 245 .B4).

Of particular note, please read this excerpt:

"So long as you are able to furnish all the citation information called for by § 2-200, there is no need to indicate whether you relied on any one of numerous online sources or a CD-ROM instead of one of the several print editions for the text of a U.S. Supreme Court decision. Similarly, your citations to provisions of the U.S. Code or a comparable compilation of state statutes need not indicate whether you accessed them in print or from an electronic source, nor need you indicate that you accessed an article in a widely distributed law journal on LexisNexis, Westlaw or some other Internet site."

(Professor's note: The excerpt above applies to all legal documents, not just statutes. i.e. you must include the citation, but do not note Westlaw, FindLaw, etc. in your bibliographies.)

Please also note: When citing your sources, you will sometimes need to use the § symbol. This symbol can be found in Microsoft Word by clicking on Insert, and then Symbol. Use the font named Agency FB. The symbol is in the 7th row, 7th column.

 

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Need Help?

Ask for help at the reference desk. For help with content or technical questions, you may call Westlaw direct at 1-800-WESTLAW (1-800-937-8529), or send an e-mail message to west.support@thomson.com.

 

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