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Foreword to the 2013 EditionThe Legal Division Reference Book is the culmination of over thirtyyears of dedicated efforts of many members of the Office of ChiefCounsel’s Legal Division at the Federal Law EnforcementTraining Centers. The reader will find brief descriptions of the facts,issues and holdings of important Supreme Court cases decidedconcerning Fourth, Fifth and Sixth Amendment issues, as well asseveral others, taught by the Legal Division. There is also anAdditional Resources section which includes guidance from theDepartments of Homeland Security, Justice, and State as well asselected Federal Criminal Procedure and Evidence Rules,selected Federal Criminal Statutes, and other helpful lawenforcement legal resources. Note that the case law and statutescontained in this book are current as of the date of publication.I invite all to visit the Legal Division’s website at –www.fletc.gov/legalThis website contains other resources to keep law enforcementofficers updated on the ever changing law enforcement legallandscape, such as:The Informer – a monthly review of significant Supreme Court andFederal Courts of Appeals cases of interest to law enforcement. A freesubscription is offered to The Informer by going to its page on the website, clicking the “subscribe” link, and entering an e-mail address.Case Digests – compilations of all of the cases reported in TheInformer during the year. For the years 2006–2009 and 2010 thereare two digests. One is organized by federal circuit and the other bysubject matter.PodCasts – covering the Fourth, Fifth, and Sixth Amendments as wellas many other issues of import to law enforcement, these 7-10minute presentations can be accessed through a computer ordownloaded to an MP3 player.The site also contains articles, training programs, FAQs, anddownloads.John BesselmanChief, Legal DivisionJuly 2013
How to Use this BookThe Legal Division Handbook relies essentially on the Supreme Courtcases that have developed Fourth, Fifth and Sixth Amendment law.Crucial principles of the law are embedded in the Handbook text withfrequent cites to the pertinent cases. This Reference Book provides anopportunity to gain further insight, clarity and understanding of thelaw by setting out the facts, issues, holding, and rationales of thosesignificant decisions. The cases are listed by subject in the Table ofContents and by name in the Index in the back of this book.This Reference Book is also helpful in preparing for legalexaminations. The facts of each case can mimic the material thatmake up multiple choice test questions. The issue in each case briefcan serve as a test question. Students may attempt to answer thequestion posed in the issue before reading the Supreme Court’sanswer and rationale as a means of testing knowledge gained fromcourse work and the Handbook.For additional practice testquestions, see the Practice Exam booklet or n/practice-examsSpecific guidance from the Departments is arranged for quickreference on issues such as Use of Race, Legal Ethics, ConsensualMonitoring, HIPAA, Use of Deadly Force, Consular Notification,Interviewing Government Employees, the USA Patriot Act, and samplesearch warrant language. You will find this guidance in the Table ofContents.Step by step guidance on how to draft a Criminal Complaint, SearchWarrant application, and their probable cause affidavits, as wellexamples of common federal documents and forms are contained inthe Legal Division Student Guide to Preparing Criminal Complaints,Arrest Warrants, and Search Warrants.
TABLE OF CONTENTSI.A.B.C.II.EXCLUSIONARY RULE . 1ORIGINS . 1Weeks v. United States . 1Elkins v. United States. 2Mapp v. Ohio . 2FRUIT OF THE POISONOUS TREE . 4Silverthorne Lumber Co. v. United States . 4Nardone et al. v. United States . 5United States v. Ceccolini . 5United States v. Crews . 6Taylor v. Alabama . 8Trupiano v. United States . 9EXCEPTIONS . 91.No Standing to Object . 9Rawlings v. Kentucky . 9Rakas v. Illinois . 10Wong Sun v. United States . 11United States v. Salvucci, Jr. 12United States v. Payner . 13United States v. Padilla . 15Alderman v. United States . 15Mancusi v. DeForte . 162.Good Faith Exception . 17United States v. Leon . 17Massachusetts v. Sheppard . 18Arizona v. Evans. 19Illinois v. Krull . 203.Impeachment Purposes . 21Walder v. United States . 21United States v. Havens . 22James v. Illinois . 234.Independent Source . 25Murray v. United States. 255.Inevitable Discovery . 26Nix v. Williams. 266.Other Hearings . 27United States v. Calandra. 27Pennsylvania Board of Probation and Parole v. Scott . 28WHAT IS A SEARCH? . 29A.B.Katz v. United States . 29United States v. Jones . 30APPLIES TO GOVERNMENT ACTIVITIES ONLY . 31New Jersey v. T.L.O. 31Coolidge v. New Hampshire . 32Gouled v. United States . 33REASONABLE EXPECTATION OF PRIVACY . 33California v. Ciraolo . 33iTable of Contents
III.Dow Chemical Co. v. United States . 34Florida v. Riley . 35United States v. Chadwick . 36Illinois v. Andreas . 37United States v. Karo . 39United States v. Knotts . 40Cardwell v. Lewis. 41Kyllo v. United States . 42Hoffa v. United States . 43Minnesota v. Olson. 44Minnesota v. Carter . 45O’Connor v. Ortega. 46City of Ontario v. Quon . 48Hudson v. Palmer . 49Maryland v. Macon . 50New York v. Class . 51Bond v. United States . 52United States v. Place . 531.Open Fields . 55Hester v. United States . 55Oliver v. United States . 56United States v. Dunn . 572.Abandoned Property . 58California v. Greenwood . 58Abel v. United States . 593.Foreign Searches . 59United States v. Verdugo-Urquidez. 594.Private Intrusions . 61United States v. Jacobsen. 61Walter v. United States . 625.Third Party Control . 63United States v. Miller . 63Smith v. Maryland . 64WHAT IS A SEIZURE? . 65California v. Hodari . 65Brower v. Inyo County . 66Michigan v. Chesternut .
Foreword to the 2013 Edition . The . Legal Division Reference Book. is the culmination of thirty over years of dedicated efforts of many members of the Office of Chief
