Texas Search And Seizure Fifth Edition

Texas Search and Seizure provides an integrated, comprehensive treatise on the Texas law of arrest and search. It offers both quick answers and in-depth analysis. A convenient and authoritative research tool for preparation of motions to suppress, as well as trial and appellate briefs, Texas Search and Seizure serves as a courtroom reference for trial attorneys as well as a bench book for judges. Readers can rely on the expertise of Judge Barton for practical solutions to complicated issues. Judge Barton integrates federal, state, and constitutional case law in an understandable and intuitive way that attorneys and judges throughout Texas have come to depend on. Texas Search and Seizure is organized in a precise, coherent format with a table of contents, a synopsis of each major section and a subject index. Major sections contain suggested forms for motions to suppress evidence, objections, and the trial court’s charge, as well as cross-references to related sections

Texas Search and Seizure provides an integrated, comprehensive treatise on the Texas law of arrest and search. It offers both quick answers and in-depth analysis. A convenient and authoritative research tool for preparation of motions to suppress, as well as trial and appellate briefs, Texas Search and Seizure serves as a courtroom reference for trial attorneys as well as a bench book for judges. Readers can rely on the expertise of Judge Barton for practical solutions to complicated issues. Judge Barton integrates federal, state, and constitutional case law in an understandable and intuitive way that attorneys and judges throughout Texas have come to depend on. Texas Search and Seizure is organized in a precise, coherent format with a table of contents, a synopsis of each major section and a subject index. Major sections contain suggested forms for motions to suppress evidence, objections, and the trial court’s charge, as well as cross-references to related sections.

The Texas law of search and seizure is governed only in part by the Fourth Amendment of the United States Constitution. Texas courts have held that Article 1, Section 9 of the Texas Constitution may provide greater or less protection than the Fourth Amendment, and the Texas legislature has enacted many statutory provisions dictating the practices and procedures that must be followed in making arrests and conducting searches. These statutes have been the subject of interpretation and application by Texas courts. As a result, the Texas law of search and seizure is distinctive. That distinctive body of law is the subject of this book.Because most arrest and search decisions are made and actions are taken initially by law-enforcement officers with little time for reflection, and, often, under stressful conditions, it is essential to their being competent and effective in the performance of their duties that they have adequate knowledge of, and ready access to, the law. This book is intended to provide that knowledge and access.This book is a special edition of the forthcoming book TEXAS SEARCH AND SEIZURE 3rd EDITION. TEXAS SEARCH AND SEIZURE 3rd EDITION is designed for use by judges and attorneys. This Law Enforcement Edition is designed for use by law-enforcement officers. The text also contains endnotes that cite cases, statutes and treatises in support of statements contained in the text. Also, there are small, elevated letters that are contained in Cross References boxes at the end of sections and subsections of the book, and refer the user to other sections and subsections in which particular subjects and related subjects are discussed.The book contains model forms designed for use by law enforcement officers. At the end of the section on Arrest With Warrant, there are forms of complaints that may be used to have warrants and capiases issued. At the end of the section on Search With Warrant, there are forms of affidavits that may be used to have warrants issued, and a form for consent to search.

Fundamentals of Texas Trial Practice is a trial advocacy book designed for Texas practitioners. It discusses the fundamental techniques and methodologies of effectively preparing and presenting a case in accordance with the Texas Rules of Evidence and Texas civil and criminal procedure. While Fundamentals of Texas Trial Practice is intended principally to serve as a tool for beginning practitioners, experienced trial lawyers are likely to find many key insights and suggestions that will increase their effectiveness as a result of Judge Barton’s multifaceted perspective as Judge, Prosecutor, Professor and Trial Lawyer. The Fundamentals of Texas Trial Practice is comprehensive in that it covers trial preparation, making and responding to objections, jury selection, making an opening statement, conducting direct and cross-examination, impeaching and rehabilitating witnesses, offering and opposing exhibits, direct and cross-examination of expert witnesses, the court’s charge to the jury, and closing arguments. As is true of a good trial lawyer, Fundamentals of Texas Trial Practice is brief and simple. Its coverage of the subjects of trial practice is succinct, direct and clear, and focuses on the fundamentals that are essential to being an effective trial lawyer. Each chapter contains cross-references to other chapters to enable the reader to perceive the progression of a trial and integrate its various parts into a coherent whole. At the end of each chapter is an extensive bibliography to relevant parts of leading treatises on trial advocacy. In sum, the Fundamentals of Texas Trial Practice is a valuable resource for both the novice and the seasoned veteran trail lawyer alike.

Professor LaFave interprets and applies the Fourth Amendment in diverse factual situations for developing more effective arguments of search and seizure issues in plea bargaining, trial, and appeal phases of a criminal case. Expert discussion covers the exclusionary rule and other remedies, protected areas and interests, probable cause, and search warrants. This work also addresses search and seizure of persons and personal effects, entry and search of premises, search and seizure of vehicles, and consent searches. Explores stop and frisk and similar lesser intrusions, along with inspections and regulatory searches. Also examines the administration of the exclusionary rule.