Preliminary Sections

• Author: Deja Vishny
• Pages: 1-36

SUPPRESSING CRIMINAL EVIDENCE

BY DEJA VISHNY

HIGHLIGHTS

The new edition of Suppressing Criminal Evidence overf‌lows with practical, use-it-today information and tools to

help you litigate suppression issues more aggressively, more eff‌iciently, and with greater success. The highlights include

7 New Forms and New and Updated Coverage of Key Issues including:

HOME SEARCHES

• Tips for bringing a motion to suppress when a roommate acts as an agent of the police

• Challenging a warrant based on stale information; unlawful manner of entry

• New Form: Motion to Suppress Evidence from Warrantless Search of D’s Bedroom

• New Form: Motion to Suppress Evidence from Police Body Camera and Snapchat Search

PROBABLE CAUSE AND REASONABLE SUSPICION

• Probable cause and facial recognition technology

• Challenging ShotSpotter stops

• Racial prof‌iling: constitutional and statutory arguments for suppression

• Using local data/statistics to prove an area is not “high crime”

MOTOR VEHICLE SEARCHES

• New Form: Motion to Suppress: No Probable Cause to Search Vehicle Based on Alleged Odor of

Marijuana (CBD case)

SPECIAL NEEDS AND OTHER FOURTH AMENDMENT SEARCHES

• Limits on suspicionless search of cell phone of persons on supervised release

• New Form: Motion to Suppress Use of Defendant’s Post-Arrest Medical Records at Trial

• New Form: Motion to Dismiss Due to Government’s Destruction of Potentially Exculpatory Evidence

(Blood Sample)

SEARCH AND SEIZURE OF ELECTRONIC DEVICES

• Abortion, privacy and prosecutions post-Dobbs

• Challenging a geofence warrant or warrantless seizure of this information

• Reverse keyword searches as a means of cell phone location tracking

• New Form: Motion to Suppress Evidence and Statements Obtained as a Result of Compelled Production

of Cellphone Password

• New Form: Motion to Suppress Warrantless Search of Automatic License Plate Reader Database

LITIGATING MIRANDA RIGHTS

• Practical tips for suppressing evidence on grounds that interrogator undermined Miranda

• Race and so-called ambiguous requests for counsel

EYEWITNESS IDENTIFICATION

• Challenging a show-up identif‌ication when the witness is a police off‌icer

• Precluding eyewitness identif‌ication under a rules of evidence analysis

AND SO MUCH MORE!

We Welcome Your Feedback

Our most useful source of improvements is feedback from our subscribers, so if you have any comments, we would

be delighted to hear from you.

Revision Editor

James Publishing, Inc.

3505 Cadillac Ave., Suite P-101

Costa Mesa, CA 92626

Visit us on the Internet at www.jamespublishing.com.

SUPPRESSING

CRIMINAL EVIDENCE

DEJA VISHNY

Contact us at (866) 72-JAMES or www.jamespublishing.com