Section 9.1 Introduction
| Library | Criminal Practice 2012 Supp |
I. (§9.1) Introduction
Search and seizure issues arise in many criminal cases, especially those involving drug prosecutions. This chapter provides a basic overview of the law of search and seizure in Missouri. It sets out relevant United States Supreme Court and Missouri cases as well as Missouri statutes when applicable. Although the chapter attempts to provide both controlling and recent cases, it cannot be fully comprehensive...
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- Section 9.1 Introduction
- Section 9.2 Sources of Control Over Search and Seizure Activity
- Section 9.3 Theories of the Fourth Amendment
- Section 9.4 Interpretive Sources: History and Meaning of the Fourth Amendment
- Section 9.5 Methodology of Analysis
- Section 9.6 What Is a Search?
- Section 9.7 Seizure of Property
- Section 9.8 Seizure of Persons
- Section 9.9 Justification for Searches: In General
- Section 9.10 Justification for Seizure: Plain View
- Section 9.11 Justification for Seizure: Persons
- Section 9.12 Justification for Seizure: Vehicles
- Section 9.13 Pretext
- Section 9.14 Background and Purpose
- Section 9.15 Requirements for Obtaining: In General
- Section 9.16 Issued on Probable Cause
- Section 9.17 Supported by Oath or Affirmation
- Section 9.18 Particularly Describing the Place to Be Searched
- Section 9.19 Particularly Describing What Is to Be Seized
- Section 9.20 Manner of Execution and Scope of Search
- Section 9.21 Specialized Warrants
- Section 9.22 Introduction
- Section 9.23 Exceptions to Warrant Requirement
- Section 9.24 Exigent Circumstances
- Section 9.25 Automobile Exception
- Section 9.26 Introduction
- Section 9.27 Consent
- Section 9.28 Special Needs: In General
- Section 9.29 Inventory
- Section 9.30 Administrative Searches
- Section 9.31 Border and Border Area Searches
- Section 9.32 Protection of Officers and Preservation of Evidence
- Section 9.33 Search Incident to Arrest
- Section 9.34 Protective Frisk
- Section 9.35 Protective Sweep
- Section 9.36 Other Detentions and Searches Based on Safety Needs
- Section 9.37 Standing
- Section 9.38 Exclusionary Rule
- Section 9.39 Limits on Application of Exclusionary Rule
- Section 9.40 Exceptions to Exclusionary Rule: Inevitable Discovery and Independent Source
- Section 9.41 Fruits of the Poisonous Tree and Purging the Taint
- Section 9.42 Motion to Suppress
- Section 9.43 General Requirements
- Section 9.44 Appellate Review
- Section 9.45 Review of Warranted Searches
- Section 9.46 Motion for Return of Property
- Section 9.47 Conclusion
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