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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Search and Surveillance

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Sybil SharpeSenior Research Fellow, De Montfort University, Leicester

ISBN13: 9780754620624
ISBN: 075462062X
Published: September 2000
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

A discussion of search and surveillance. The author seeks not to replace standard procedural works on the Police and Criminal Evidence Act 1984 and associated legislation governing the law of search and seizure in England and Wales, but to provide a survey of the law of search and seizure from an evolutionary perspective. The outcome of such an examination leads, inevitably, to a redefinition of orthodox notions of what constitutes a search in the context of criminal investigation.

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Part 1 Introduction: the development of search powers
electronic search
bodily samples
due process rights relevant to search.
Part 2 Warrantless searches for real evidence: searches by consent of people and premises
stop searches under PACE
stop searches based on expediency
search on arrest
searches at police stations.
Part 3 Search of premises by warrant: the nature and purpose of warrants
judicial scrutiny
sufficiency of information
the permitted scope of search and seizure
remedies in respect of improperly issued warrants.
Part 4 Particular searches under PACE: searches not authorised by Section 8 warrants
legally privileged material
excluded and special procedure material
obtaining access to excluded and special procedure material
statutes providing analogous search powers
bodily samples and compelled search and seizure
statutory provisions authorising the taking of samples
human rights, due process and non-consensual samples.
Part 5 Surveillance as electronic search: the wiring of individuals
the bugging of premises in England and Wales
telephone interception in England and Wales
electronic search in the United States
electronic search in Canada
the future of covert investigation.
Part 6 Search, surveillance and fair trials: the admissibility of criminal evidence in England and Wales
the bugging of premises and self-incrimination
electronic search, entrapment and abuse of process
intercepted evidence in England and Wales
the Canadian approach to exclusion and abuse
the suppression of evidence in the United States
public interest immunity/informant privilege.
Part 7 From evidence to information: DNA databases and information storage
national surveillance databases
European databases and information exchange
data protection principles and the right to access data
towards a reconsideration of privacy.