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:

NEW AND UPDATED COVERAGE OF KEY ISSUES

RACE AND REASONABLE SUSPICION

• Implicit bias and police perception of African-Americans

• Evidence of racism and legal arguments in support of suppression

• Pretextual Stops and the Fourteenth Amendment

• Code Words for Racially-Based Police Actions

• Civil Rights Cases

• Accepted Fourth Amendment Jurisprudence

• Bright Spots in the Case Law

• Government’s Pleadings

MOTOR VEHICLE SEARCHES

• Challenging searches based on marijuana odor where marijuana is legal

• Inventory search: challenging right of vehicle occupants to remove personal

property before impoundment and search

SPECIAL NEEDS SEARCHES

• Blood draws in DUI cases; exigent circumstances, unconscious motorists, implied consent

SEARCH AND SEIZURE OF ELECTRONIC DEVICES: CELL PHONES

• Search incident to arrest

• Consent

• Other exceptions: plain view; inventory search; independent source/inevitable discovery

• Location tracking

• Historical cell site data

• Real-time cell phone tracking

• Other methods: cell site simulators and other secret tracking devices; cell tower dumps;

Google data (geofence warrants)

8 NEW FORMS

• Motion to Release Records from Juvenile File (Bellows)

• Motion for in camera Review of Conf‌idential Records (Psych. Treatment)

• Amicus Brief: Reasonable Suspicion, Race, Implicit Bias

• Amicus Brief: Reasonable Suspicion, “High Crime” Area, “Reasonable Person” Standard

• Motion to Suppress Blood Test (Equal Protection Challenge to Implied Consent)

• Motion to Exclude Cell Phone Evidence (Warrantless Search — Riley)

• Motion to Suppress Evidence Obtained Pursuant to “Geofence” General Warrant

• Motion to Compel Discovery of Computer Programming Code

AND MORE!

IN THIS REVISION

COVID-19 ALERT

“Pandemics and

the Fourth Amendment”

SEE APPENDIX 7-A

We Welcome Your Feedback

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

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