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Searches Without Warrants, Jerold H. Israel Jan 1971

Searches Without Warrants, Jerold H. Israel

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My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.


Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1971

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Book Chapters

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes,' the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel - was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to …