Ward 812 Assignment 3

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Robyn Ward

Robyn Ward LI812XO Assignment #3 Question: I would like some current legal opinions on the constitutionality of confiscating property during an arrest 1. Include a revised version of Assignment #1 and Assignment #2: (Italics is revision to assignment 1) (1) Define and refine your research topic. This is a legal question, and I would gather that the best information to answer this question would be at a law library. A good place would be to look in court records, law review articles, magazine articles that summarize recent cases. What subtopics are included in the topic? Rights during arrest, search and seizure, constitutional rights, law, legislation, law enforcement, politics, government Do you need to cover all of them? No, maybe? Yes. I think that all of these terms are relevant. Is this manageable? No, it seems too much. It seems to me there are quite a few relevant terms Should you just cover one aspect of your topic? Maybe not, it seems search & seizure during arrests, what the term “opinion” really means in legal terms is really important. (2) Is your topic too specific? Do you need to broaden it? I think that these are really specific terms. I got a lot of results that didn’t seem relevant, so maybe not? I don’t think I need to broaden my topic. I feel that I have good terms in order to find what I am looking for. (3) What is the vocabulary associated with your topic? Legal opinions, constitutionality, confiscating. There could be specific legal terms, or these may be terms, directly associated with particular legal actions, or represent something more specific in the legal field. Legal: legality, judge, attorney, lawyer, legislator, judgment

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Opinion: criticism, interpretation, legal decision, reason, principle Constitutionality: constitution, rights Confiscating: seizure, forfeiture, confiscate, confiscation Arrest: Property: personal, assets, land Is there a thesaurus that might help? Yes, in Lexis-Nexis I was able to use links to find definitions of words. I would be inclined to think there are thesauri for law terms. I would believe that a thesaurus would help, especially with the term opinion. After trying a search in the library catalog using the subject heading “Subject Headings Law”, I found the following: 6 resources under “Subject Headings Law”: Legal Subject Headings for Libraries by Ian Sainsbury Library of Congress Subject Headings, KF Cross-Reference by Curt Conklin List of Subject Headings for Small to Medium Sized Law Libraries, Mainly AngloAmerican by Helen McLaury Subject Headings for the Literature of Law and International Law, and Index to LC K Schedules by American Association of Law Libraries Tentative List of Subject Headings and Index Rules for the State Law Index by Library of Congress Yale Law Library Classification by Yale Law School Library And 1 resource under “Subject Headings Law Enforcement”: National Criminal Justice Thesaurus by the U.S. Dept. of Justice (4) Write a search strategy statement using words from #3. Then draw a Venn diagram for this search. Original Search: Property AND Confiscate AND Arrest

Property

Confiscat e

Arrest

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The overlapping areas of each three circles would be shaded in (if I knew how from Word), and this would be the result set I would get with this search Revised strategy: property AND (confiscat* OR seizure) AND arrest (Confiscate* to cover terms: confiscate, confiscating, confiscated, confiscation) In the Venn diagram below Search AND Property AND Arrest would bring up one search set and then Confiscat*AND Property AND Arrest would bring up another search set. Since search and confiscate* have a connector of “or” they do not overlap. The overlapping areas would be shaded in illustrating the search results.

Search Arrest

Property

Confiscat*

(5) What databases available through the White Library (Emporia) would be appropriate to use for this topic? Lexis-Nexis Congressional & Academic Criminal Justice Abstracts LegalTrac (2.) Search the Kellogg Online Catalog (Emporia State University) for your topic. In the catalog, try a variety of searches by keyword and subject heading. Record the search statements that you use. Keyword searches: Search & seizure – I received 7 results most seemed to be relevant. Search & seizure and arrest – I received 2 results, scaled down version of result set from Search & seizure search

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Forfeiture and arrest – changed by system to forfeiture or arrest which produced quite a few results which I didn’t feel quite were what I needed Property and arrest – came up with one resource: the United States Supreme Court Digest 1754 to date Property and confisc* came up with nothing, system searched as property or confisc* this brought up nothing relevant to me Law enforcement and arrest Subject searches: Law enforcement – criminal investigation, but then couldn’t narrow it any more, the subject terms under criminal investigation didn’t match what I was looking for Arrest – bail, false arrest, pre-trial release, speedy trial Search and seizures – United States – this lead to forfeiture then to Asset forfeiture – United States Criminology – which led to crime and criminals, chose crime, which gave a number of options but again not really what I thought I wanted (3.) Search one database from your answer to question #5 in your search strategy. Search this database for your topic. Provide the following information about that database: Criminal Justice Abstracts a. Subjects covered by the database: Criminology, adult corrections, behavioral science, courts and the legal process, crime (offender and victim), crime prevention & control strategies, crime trends, economic & political sciences, education, juvenile justice & delinquency, law, police, psychology, social work, substance abuse, punishment & sentencing b. Types of sources indexed Books, journal articles, reports, dissertations, unpublished papers, governmental and non-governmental reports c. Time period covered by database and how often it is updated 1968-present, updated quarterly d. Vendor of database CSA Illumina e. Is there an electronic version of a thesaurus available? Yes, a criminology thesaurus f. Does the database contain abstracts? Full-Text? The database contains abstracts and summaries, no full-text g. What choices do you have for capturing data (print, email, download, etc) Print, email, download, store on Web server, export to bibliographic managers such as RefWorks h. Search statements that you use for searching the database

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Robyn Ward Property AND (confiscat* or seizure) AND arrest – this search brought up a result set of 7 (5 books and 2 journals) from the first source, I clicked on the subject option asset forfeiture which brought a good resource Asset forfeiture and arrest – not really anything Forfeiture and arrest – nothing really Criminal justice and arrest – Legislation AND search & seizure AND arrest – I found a couple more results which could be possibilities for further investigation.

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Robyn Ward In the following pages I will highlight some of my experiences in using the

William Allen White library catalog and the Criminal Justice Abstracts database. I will compare search methods and methods I used to refine, narrow, focus or broaden my search. I will cover search techniques that seemed most effective and discuss my success in finding applicable information. Within the library catalog I felt that the subject searching was quite useful because it allowed for narrowing or broadening a subject word search. The system gave suggestions as to other applicable words or subject areas to search. This was also true for searching within the database. The Criminal Justice Abstracts database provided a Subject Search Guide that allowed for three options of searching: narrower terms, broader terms, or related terms. This was a nice feature. I felt that the database provided many more options in regard to related terms and being able to link with more ease to these terms than in the library catalog. I found that within the catalog if I performed a subject search that turned up zero results, the system would turn the search into a keyword search. The subject search seemed to be much more linear than a keyword search. It seemed more system directed. This was helpful for me because of my topic of law about which I know very little. But this could also only take me so far. I found that I came to a number of roadblocks so to speak, and would have to initiate a revised search. The keyword search in the catalog produced more resources from which to choose. I used keyword and subject searching in the catalog more than I did within the database. When I attempted a Boolean search in the catalog I would usually get zero results and the system would alter my search, and ask to search each word individually from my initial search query. I used Boolean searching more within the database. I also

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used the suggested search terms a bit more within the database. The database also provided a criminology thesaurus that proved helpful. I found a number of print thesauri related to my topic within the library catalog which may have been just as helpful, but I did not have the access to these as I did with the online thesaurus. The search technique that seemed most effective for me was the ability to go back to my search terms that I brainstormed from the outset of the search, and then using a combination of these terms. What was also useful, especially within the library catalog, was the ability to see the related subject terms within the individual record of a resource. For the database, related and/or relevant search terms and topics where listed to the side of each record. These I found extremely beneficial in my searching. I felt that I found little relevant information in neither the catalog nor the database. I do not feel that my search was all that successful. A few of the resources I found may be helpful, but I feel that I would have to look through the index or skim through the resource in order to feel confident that these resources would satisfy what I was looking for. I still have concerns about my search processes and wonder if there is something I am neglected to uncover within my searching. And finally my question asked to find current opinion in the topic and my resources do not seem to be current. This has been an interesting research experience. I feel that the most useful way of searching is being familiar with vocabulary and being flexible in switching up search strategies.

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Robyn Ward Bibliography

Immigration and Naturalization Service (1983). The law of arrest, search, and seizure for immigration officers, United States. [Washington, D.C.?]: The Service. -- from catalog Klein, I. J. (1986). Constitutional law for criminal justice professionals (2nd ed.) Miami, FL: Coral Gables Publishing. – from database Pistole, J. R. (1976). Criminal law for peace officers. Ralston, VA: Reston Publishing. from database Ringel, W. E. (1972). Searches & seizures, arrests and confessions. New York, NY: Clark Boardman. – from database Williams, H. E. (2002). Asset forfeiture: A law enforcement perspective [s.n.] – from database Wilson, P. E. (1964). Basic rules of arrest, search and seizure; a manual for Kansas peace officers ( 2nd ed.) Lawrence, KS: Governmental Research Center, University of Kansas. -- from catalog

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Assignment #3 2. Select another database to use in your search. Lexis-Nexis Academic a. Subjects covered by the database News: Business: accounting, industry & market, news, financial reports, company profiles, business directories Legal research: news, reviews, case law, regulations, codes Medical: news, medical and health journals, medical abstracts b. Types of sources indexed Law reviews, newspapers, magazines, newsletters, federal & state cases, Supreme, federal & state court decisions, federal & state codes, regulations, statutory laws; U.S., Canadian, European Union, and International law; patents; law school and law directories c. Time period covered by database and how often it is updated Varies depending on source: daily to quarterly d. Vendor of database Lexis-Nexis Academic e. Is there an electronic version of a thesaurus available? No. I could not locate one. It offers a reference section, with almanac, etc. but a thesaurus is not included f. Does the database contain abstracts? Full-text? Full-text and Abstract (KWIC tab), one has the option to view either in a given source g. What choices do you have for capturing data (print, email, download, etc) Print and e-mail h. Search statements that you use for searching the database property AND “search & seizure” AND arrest within Law Reviews link because I thought of opinion as maybe current legal thought on the subject, but decided to try my search within the Shepard’s supreme court decisions to take a look at the actual written opinions on my topic and felt this way of looking at “opinion” was more beneficial to my search within the database. 3. Select several of the Internet search tools discussed in class and use them to search the Internet for your topic. Provide the following information: a. Which tools you used. b. Search statements/methods for each tool. Dogpile: a meta-search engine. I used my usual Boolean search of property AND “search & seizure” AND arrest. I found a couple resources that were applicable to search and seizure and arrest. These sources were current, relevant and authoritative. Lycos: I switched up my search to: legal opinions AND arrest AND “search & seizure” which brought up a web site that I though was significant, FindLaw. It provided a good source on search & seizure and the first amendment.

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Robyn Ward AlltheWeb: I used both of my two Boolean search terms (legal opinions AND arrest AND “search & seizure” and property AND “search & seizure” and arrest. I scrolled through a few pages and came to the Findlaw web site again that brought up good information on the Fourth Amendment of the Constitution and Search & Seizure. Findlaw is a great source it is associated with Thomas which is a well known publisher of law material. Complete Planet: I didn’t have success with my established search terms so I typed in “fourth amendment” and retrieved six databases associated with those search terms. Findlaw was retrieved again along with LawMeme associated with Yale Law School. FirstGov.gov: I searched both Boolean searches as I did in AlltheWeb and came with a lot of the same results. The results included a mix of court cases, reports, etc. With all of my Internet searches I tended to stick to performing a basic Boolean search. I rarely used the advanced search though I took a look to see what it looked like, and what the options were.

4. Write a 5-page essay highlighting some of your experiences in using library databases and the Internet. This essay should include (in any order): a. Comparison between search methods for databases and the Internet b. Methods that you used to refine, narrow, focus, or broaden your search c. What search techniques seemed to be most effective d. A comparison between the two Library databases that you used. e. What you would do differently f. How relevant were the results to your information need 5. Include a bibliography listing 5 items that you found through your searching. Some should be from the Library Database and some from the Internet. Indicate which source.

Essay and Bibliography follow

*I received the information for writing the citations for court cases in APA from the LexisNexis site.

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In this essay I will discuss my experience using library databases and the Internet. I will compare search methods used for both database and Internet searching, discuss methods used to refine, narrow and focus my topic, and discuss the techniques used. I will include a comparison between the two library databases I used for the assignment. Then conclude with what I would do differently in approaching my search and discuss if what I found was relevant to my information need. The search strategies I used for the database and Internet were essentially the same. I used the same Boolean search statements with my Internet search as I used for the database searches. I had trouble finding anything within one Internet search engine, Complete Planet, using my search terms, so I narrowed by terms quite a bit and actually used different terms all together to even get a result set. This helped and I was able to have success finding relevant information. I found that having the initial brainstorm of comparable terms for those terms in the question very helpful. I continually referred to these synonyms to try different search strategies. This worked in this case. Other than this one obstacle, I felt that my search strategy worked for both the databases and the Internet. From the outset of the assignment I had been struggling with the phrase “current legal opinion” from my question. I had a difficult time searching within the databases until I realized that I could look at the term “opinion” in one of two ways. The first way being “current legal opinions” meaning expert thought or ideas or opinions on the topic, which I figured could be found in articles written for law reviews. I wasn’t really finding what I wanted with this view so I thought of the phrase “current legal opinion” in another way. The “opinion” thus meaning an official statement of a court judge in a case. I

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leaned toward this definition of opinion and searched Shepards Supreme Court Cases within the LexisNexis database. I typed in my Boolean search ‘property AND “search & seizure” AND arrest’ and searched within the past six months. This search resulted in a result set of four cases. I then searched the same terms within the limitation of one year and resulted in the return of six cases. I read the opinions of each case. The opinions all dealt with search & seizure during arrest and constitutional rights of the individual. I then searched within the citations of the cases and found other cases that cited the particular case along with law review articles. I felt the citations would be a great source from which to continue searching. These would also be a good source for not only searching other case opinions but also the legal “opinions” expressed in law review articles about the same topic or area of law. For example, I looked at the citation in the Samson v. California case and the case had been cited in an article in the Southern Methodist University Law Review. In the SMU short annotation contained the keywords; criminal procedure, confessions, and searches & seizure. Once I had a focus on my question and could define the term “opinion” I included “legal opinion” in my Internet searches. It seemed that by using these terms along with my other search terms I was able to find a few more significant results. I was able to find a great Internet resource by doing this called FindLaw. Findlaw is distributed and I assume published by Thomson, a wellknown and respected publisher of law material. This search strategy also provided a mix of legal information such as State and Federal cases regarding the search terms and topic that pertained to the reference question I received. Boolean searching seemed to be the most effective way of searching for me, once I used the right database and the proper resource within that database to find what I was

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searching for. The Boolean searching seemed to work well also with most Internet search engines I used in doing my search. The only one where I had to alter my search strategy was when I used the search engine Complete Planet. Complete Planet is a resource that provides access to databases that cover specific topics. I used this resource to type in my search terms, but was turning up no results. I then changed my search to “Fourth Amendment”. This provided a result set of six databases. Two of the results turned out to be helpful. These were FindLaw and LawMeme which is associated with Yale Law School. I will now compare the two library databases that I used in doing my search. I initially used the Criminal Justice Abstracts database because of the CSA Illumina interface. The Interface was very user friendly and had a lot of nice features and provided information in a clear and easily accessible way. I did take a look at LexisNexis when I first started the assignment, but was turned off by the Interface. I inadvertently chose the database that was not the best resource for my question because of this. And because of this choice, I experienced a little frustration from not being able to find relevant information on my question. I delayed my satisfaction of finding true and relevant resources for my research problem because of the initial satisfaction of being able to do searches, but not effective ones. This choice also delayed my ability to focus and to define key search terms within my question. Once I got started searching LexisNexis for the final installment of this assignment, I was able to figure out what resource would be best for the search. Looking within LexisNexis I was able to define my search terms and really have a clear understanding of what I needed to find. I found the keywords that I was searching for within the records I found. These search terms being,

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constitutional rights, arrest, and search & seizure. LexisNexis was a good database to use for my topic. I found that it was easier to use once I really knew where to search within the database. Before I had any success at finding any relevant information, I was getting zero results for my Boolean searches when I was searching different sections. What I would have done differently would have been to take more time defining my terms. I should have taken a look at the term “opinion” closer in the beginning. I would have used a different database for the second assignment. I feel that this would have helped alleviate the continued ambiguity I had going into this third assignment. The database Dialog would have been beneficial for my search. I think I had a good base with my search terms and ideas, but using the wrong database in the beginning and not completely defining my terms cost me time and caused some anxiety when doing my search. With this said, I don’t think I would have searched the Library catalog any differently than I did. I think that I probably exhausted the information within the catalog, but of course I wouldn’t know for sure unless I went back and tried. I think that working both with the Internet searches and the database searches worked well together in finding information. With any other research I would need to do, I would feel inclined to use both resources to see what overlapped, if I was missing some other angle from which I could look at the question, etc. I feel really confident about the five resources I found this last time for the question both from the Internet and the LexisNexis database. The resources represented both ways of looking at the term “opinion”. The opinions as actual legal, expert court judge opinions in court cases to scholarly, expert information about opinions written in law reviews. The resources I found covered the key search terms identified within my

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question, i.e. an individual’s constitutional rights during arrest and search & seizure of property during arrest. Upon reflection of the assignment as a whole, I learned quite a bit about the search process for a given topic or question. I feel that the assignment gave me a good perspective of how one should exhaust possibilities in looking at a question and use a number of different resources because you never know what sort of information one resource will provide over another. Looking through the different resources also helped me focus and narrow my search. I learned too the importance of using the right resource even if it isn’t the easiest or user friendly source to use. Easier doesn’t always correlate to better results. This can be said for just using Google all of the time. Though using Google is good for a number of things, one must keep in mind it is not good for everything. I learned a valuable lesson of keeping a broad and open perspective regarding search terms. And to keep in mind the different perspectives one can take in looking at a question. It is good to keep these views in mind when narrowing and defining a question and terms.

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Bibliography Brigham City v. Stuart, 126 S. Ct. 1943 (2006) [Online] Available: http://www.lexisnexis.com/universe - database Findlaw. (2006). Search & seizure and the fourth amendment. Retrieved October 12, 2006, from http://criminal.findlaw.com/crimes/criminal_rights/criminal_rights_police/search_ seizure.html - Internet Grossman, B.J. (2006). Arrest, search & seizure. Retrieved October 12, 2006, from http://www.vatrafficdefense.com/faq_arrestsearchseizure.htm - Internet O’Connor, T. (2006). Search & seizure guide. Retrieved October 12, 2006, from http://faculty.ncwc.edu/toconnor/405/405lect04.htm - Internet Samson v. California, 126 S. Ct. 2193 (2006) [Online] Available: http://www.lexisnexis.com/universe - database