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Criminal Procedure With Infotrac: Law and Practice

by
Edition:
6th
ISBN13:

9780534616144

ISBN10:
0534616143
Format:
Paperback
Pub. Date:
8/11/2003
Publisher(s):
Wadsworth Publishing

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Summary

Part One: INTRODUCTION. 1. The Court System, Court Cases and Sources of Rights. 2. Overview of the Criminal Justice Process. Part Two: LEVELS OF PROOF AND THE EXCLUSIONARY RULE. 3. Probable Cause and Reasonable Suspicion. 4. The Exclusionary Rule. Part Three: SEARCHES AND SEIZURES OF PERSONS. 5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention. 6. Arrests and Responses to Terrorism. Part Four: SEARCHES AND SEIZURES OF PROPERTY. 7. Searches and Seizures of Things. 8. Vehicle Stops, Searches, and Inventories. 9. Plain View, Open Fields, Abandonment, and Electronic Surveillance. Part Five: IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS. 10. Lineups and Other Pretrial Identification Procedures. 11. Confessions and Admissions: Miranda v. Arizona. Part Six: CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT. 12. Legal Liabilities and Other Consequences of Police Misconduct. 13. Constitutional Rights of the Accused During Trial. APPENDIXES: A. Guide to Case Briefing. B. The Case of Minnesota v. Dickerson--A Full Reprint. C. Thirty Suggestions on How to Be an Effective Witness. D. The Constitution of the United States. E. Table of Cases. Glossary. Index.

Table of Contents

Brief Contents v
Preface xxi
I. INTRODUCTION 1(64)
1. The Court System, Court Cases, and Sources of Rights
2(28)
The Structure of the Court System
3(5)
The Federal Court System
3(4)
The State Court System
7(1)
The Appeal Process
8(1)
The Territorial Effect of Judicial Decisions
9(1)
The Judicial Review Doctrine
10(1)
Judicial Precedent (Stare Decisis)
11(1)
Federal versus State Jurisdiction
12(1)
Jurisdiction versus Venue
13(1)
Court Cases
14(2)
Case Citations
14(1)
Internet Sources
15(1)
Sources of Rights
16(4)
Constitutions
16(3)
The Federal Constitution
16(2)
State Constitutions
18(1)
Statutory Law
19(1)
Case Law
19(1)
Court Rules
20(1)
The Incorporation Controversy: Does the Bill of Rights Apply to the States?
20(3)
Background
20(1)
Approaches to Incorporation
21(1)
The Definition of Fundamental Rights
22(1)
Rights Held to Be Fundamental and Incorporated
22(1)
Rights Not Incorporated
23(1)
Nationalization of the Bill of Rights
23(1)
The Rule of Law
23(2)
Summary
25(1)
Review Questions
26(1)
Key Terms and Definitions
26(1)
Principles of Leading Cases
27(1)
Case Briefs
27(1)
Palko v. Connecticut
27(1)
Duncan v. Louisiana
28(1)
Web Resources
28(1)
Recommended Readings
29(1)
Notes
29(1)
2. Overview of the Criminal Justice Process
30(35)
The Procedure before Trial
34(12)
The Filing of a Complaint
34(1)
The Arrest
35(1)
Booking at the Police Station
36(1)
Appearance before a Magistrate after the Arrest
37(1)
The Setting of Bail
38(1)
The Preliminary Examination
38(2)
The Decision by the Prosecutor to Charge
40(1)
Grand Jury Indictment versus an Information
40(2)
The Arraignment
42(1)
The Plea by the Defendant
42(4)
A Nolo Contendere Plea
42(1)
A Plea of Not Guilty
43(1)
A Plea of Guilty
43(1)
Plea Bargains
44(1)
Legal Issues in Plea Bargains
44(2)
The Procedure during Trial
46(6)
The Selection of Jurors
46(1)
Challenge for Cause
47(1)
Peremptory Challenge
47(1)
Opening Statements
47(1)
By the Prosecution
47(1)
By the Defense
47(1)
Presentation of the Case for the Prosecution
48(1)
Presentation of the Case for the Defense
48(1)
Motions Prior to the Verdict
48(1)
Rebuttal Evidence
49(1)
Closing Arguments
49(1)
The Prosecution's Argument
49(1)
The Defense's Argument
49(1)
The Judge's Instructions to the Jury
50(1)
Jury Deliberation
50(1)
Hung Jury
50(1)
Jury Nullification
50(1)
The Verdict-Guilty or Not Guilty
51(1)
The Procedure after Trial
52(3)
Sentencing
52(1)
Appeal
53(1)
Habeas Corpus
54(1)
Caution: The Procedure May Not Be What This Book Says It Is
55(3)
Application to Felony Cases
55(1)
Variation among States
55(1)
Variation within a State
56(1)
Theory versus Reality
57(1)
Summary
58(1)
Review Questions
59(1)
Key Terms and Definitions
59(2)
Principles of Leading Cases
61(1)
Case Briefs
62(1)
Santobello v. New York
62(1)
Apodaca v. Oregon
62(1)
Web Resources
63(1)
Recommended Readings
63(1)
Notes
64(1)
II. LEVELS OF PROOF AND THE EXCLUSIONARY RULE 65(50)
3. Probable Cause and Reasonable Suspicion
66(22)
Probable Cause
67(11)
Probable Cause Defined
67(1)
"Man of Reasonable Caution"
68
A Practical Definition-More Than
50(18)
Percent Certainty
68(1)
Definition of Probable Cause Is the Same in All Areas of Police Work
69(1)
Arrest of Persons versus Search and Seizure of Property
69(1)
With a Warrant versus without a Warrant
69(1)
What Are the Advantages in Obtaining a Warrant?
70(1)
Who Determines Probable Cause?
70(1)
When Are Arrests and Searches Illegal?
71(1)
What Can Be Used to Establish Probable Cause?
72(1)
How is Probable Cause Established?
72(5)
An Officer's Own Knowledge of Facts and Circumstances
73(1)
Information Given by an Informant
73(4)
Information plus Corroboration
77(1)
Probable Cause Compared with Other Levels of Proof
77(1)
Reasonable Suspicion
78(1)
Reasonable Suspicion Defined
78(1)
The Totality of Circumstances
79(1)
Probable Cause and Reasonable Suspicion Compared
79(1)
Appealing a Finding of Probable Cause or Reasonable Suspicion
80(2)
Summary
82(1)
Review Questions
83(1)
Key Terms and Definitions
83(1)
Principles of Leading Cases
84(1)
Case Briefs
85(1)
Spinelli v. United States
85(1)
Alabama v. White
86(1)
Web Resources
86(1)
Recommended Readings
87(1)
Notes
87(1)
4. The Exclusionary Rule
88(27)
General Considerations
89(3)
The Exclusionary Rule Defined
89(1)
The Purpose of the Rule
90(1)
A Judge-Made Rule
91(1)
Historical Development
91(4)
Federal Courts
91(1)
State Courts
92(1)
The Exclusionary Rule as Applied to the States: Mapp v. Ohio
92(1)
Procedures for Invoking the Exclusionary Rule
93(2)
What Is Not Admissible?
95(1)
Illegally Seized Evidence
95(1)
Fruit of the Poisonous Tree
95(1)
Exceptions to the Exclusionary Rule
96(6)
The Good Faith Exceptions
96(4)
When the Error Was Committed by the Judge or Magistrate, Not by the Police: The Sheppard and Leon Cases
96(2)
When the Error Was Committed by a Court Employee: Arizona v. Evans
98(1)
When the Police Erred but Honestly and Reasonably Believed That the Information They Gave to the Magistrate When Obtaining the Warrant Was Accurate: Maryland v. Garrison
99(1)
When the Police Reasonably Believe That the Person Who Gave Authority to Enter the Premises Had Authority to Give Consent: Illinois v. Rodriguez
99(1)
When the Police Action Was Based on a Law That Was Later Declared Unconstitutional: Illinois v. Krull
100(1)
The Inevitable Discovery Exception
100(1)
The Purged Taint Exception
101(1)
The Independent Source Exception
102(1)
Proceedings to Which the Rule Does Not Apply
102(1)
Private Searches
102(1)
Grand Jury Investigations
102(1)
Sentencing
102(1)
Violations of Agency Rules Only
103(1)
Noncriminal Proceedings
103(1)
Parole Revocation Hearings
103(1)
Arguments in Support of the Exclusionary Rule
103(1)
Arguments against the Exclusionary Rule
104(1)
Alternatives to the Exclusionary Rule
105(1)
Other Consequences of Officer Misconduct
106(1)
The Future of the Exclusionary Rule
106(2)
Summary
108(1)
Review Questions
109(1)
Key Terms and Definitions
109(1)
Principles of Leading Cases
110(2)
Case Briefs
112(1)
Mapp v. Ohio
112(1)
Arizona v. Evans
112(1)
Web Resources
113(1)
Recommended Readings
113(1)
Notes
114(1)
III. SEARCHES AND SEIZURES OF PERSONS 115(76)
5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention
116(31)
Stop and Frisk-In General
117(4)
Issue and Origin
117(1)
The Leading Case in Stop and Frisk: Terry v. Ohio
118(1)
The Guidelines
119(2)
1. The Stop
119(1)
2. The Frisk
119(1)
3. Reasonable Suspicion
120(1)
Stop and Frisk-Two Separate Acts
121(12)
The Stop
121(8)
When Is a Stop a Seizure under the Fourth Amendment? United States v. Mendenhall
121(1)
Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion?
122(1)
Are Stops Based on Hearsay Information Valid?
123(1)
Is a Stop Based on an Anonymous Tip Valid?
123(1)
Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop?
124(1)
Are Stops Based on Drug Courier Profile Alone Valid?
125(1)
Are Stops Based on Racial Profile Alone Valid?
125(1)
Can Suspects Be Forced to Answer Questions?
126(1)
What Are the Reasonable Scope and Duration of a Stop?
127(1)
Are Airport Stops and Searches Valid?
128(1)
What Degree of Intrusiveness is Permissible?
129(1)
The Frisk
129(5)
Does a Frisk Automatically Follow a Stop?
129(1)
How Extensive May the Frisk Be?
129(1)
What May an Officer Do During a Frisk?
130(1)
What Constitutes Plain Touch?
131(1)
Are "Fishing Expeditions" Allowed?
132(1)
Is Consent to Frisk Based on Submission to Police Authority Valid?
132(1)
Can an Officer Frisk after a Stop without Asking Questions?
132(1)
Does a Frisk Include Things Carried by the Suspect?
133(1)
Distinctions between Stop and Frisk and Arrest
133(1)
Other Applications of Stop and Frisk
134(1)
Motor Vehicles
134(1)
Weapons in a Car
135(1)
Stop and Frisk Applied to Immigration and Border Searches
135(2)
Fourth Amendment Rules Are Applied Differently
135(1)
Roving Patrols Searching Vehicles at Places away from the Border Need Warrant or Probable Cause
135(1)
Vehicles May Be Stopped at Fixed Checkpoints
136(1)
Forced Temporary Detention Allowed
136(1)
Factory Surveys of Aliens Allowed
136(1)
Detention of Alimentary Canal Smugglers Valid
137(1)
Summary of Case Law for Border Stops and Searches
137(1)
Stationhouse Detention
137(2)
For Fingerprinting
137(1)
For Interrogation
138(1)
Summary
139(1)
Review Questions
140(1)
Key Terms and Definitions
141(1)
Principles of Leading Cases
141(3)
Case Brief
144(1)
Terry v. Ohio
144(1)
Web Resources
145(1)
Recommended Readings
145(1)
Notes
146(1)
6. Arrests and Responses to Terrorism
147(44)
Seizures of Persons-In General
149(2)
Seizure and the Fourth Amendment
149(1)
Arrest as but One Form of Seizure
149(1)
The "Top Ten" List of Searches and Seizures Involving Persons
149(1)
Whose Perception Prevails in Seizures?
150(1)
Arrest Defined
151(1)
Elements of an Arrest
152(3)
Seizure and Detention
152(1)
Intention to Arrest
153(1)
Arrest Authority
154(1)
Understanding by the Arrestee
154(1)
Types of Authorized Arrest
155(12)
Arrest with a Warrant
155(8)
Issuance of a Warrant
155(1)
Contents of a Warrant
156(1)
Service of a Warrant
156(5)
Search Warrants and Third-Party Residences
161(1)
Legal Authorizations Other Than an Arrest Warrant
161(2)
Arrest without a Warrant
163(4)
Arrests for Felonies
163(2)
Arrests for Misdemeanors
165(1)
Arrests for Traffic Violations or Petty Offenses
166(1)
Arrests for Minor Offenses Not Punishable by Jail Time
166(1)
Citizen's Arrest
167(1)
What the Police May Do after an Arrest
167(3)
Search the Arrestee
168(1)
Search the Area of Immediate Control
168(1)
Search the Passenger Compartment of a Motor Vehicle
169(1)
Use Handcuffs Subject to Department Policy
169(1)
Monitor the Movement of the Arrestee
169(1)
Search the Arrestee at the Place of Detention
169(1)
What the Police Cannot Do during an Arrest
170(2)
Cannot Do a Strip or Cavity Search Unless Justified by Reasonable Suspicion
170(1)
Cannot Conduct a Warrantless Protective Sweep Unless Justified
170(1)
Cannot Invite the Media to "Ride Along"
171(1)
Police May Temporarily Detain a Suspect While Obtaining a Warrant
172(1)
Disposition of Prisoners after Arrest
172(4)
Booking
172(2)
Appearance before a Magistrate
174(1)
The Purposes of an Initial Appearance
175(1)
Bail
175(1)
Responses to Terrorism
176(6)
The USA Patriot Act
177(1)
The Law Creating the Department of Homeland Security
178(1)
The INS Special Registration Program for Foreigners
178(1)
Legal Issues Arising from Responses to Terrorism
178(2)
Prospects
180(2)
Summary
182(1)
Review Questions
183(1)
Key Terms and Definitions
184(1)
Principles of Leading Cases
185(3)
Case Briefs
188(1)
Payton v. New York
188(1)
Atwater v. City of Lago Vista
188(1)
Web Resources
189(1)
Recommended Readings
189(1)
Notes
190(1)
IV. SEARCHES AND SEIZURES OF PROPERTY 191(116)
7. Searches and Seizures of Things
192(44)
Search and Seizure of Things
194(1)
Search Defined
194(1)
Seizure Defined
194(1)
The General Rule for Searches and Seizures
194(1)
Things Subject to Search and Seizure
195(1)
Search and Seizure with a Warrant
195(10)
Requirements
196(4)
1. Probable Cause
197(1)
2. A Supporting Oath or Affirmation
197(1)
3. A Description of the Place to Be Searched and Persons or Things to Be Seized
198(2)
4. The Signature of a Magistrate
200(1)
The Procedure for Service of a Warrant
200(2)
The Announcement Requirement
202(1)
The Scope of Search and Seizure
203(1)
The Time Allowed for a Search
204(1)
The Procedure after the Search
204(1)
Search Warrant and Arrest Warrant Compared
204(1)
Search and Seizure without a Warrant
205(13)
The Searches Incident to Lawful Arrest Exception
205(2)
The Body Search of an Arrested Person
205(1)
The Area within a Person's Immediate Control: Chimel v. California
206(1)
The Requirement That the Warrantless Search Be Contemporaneous
207(1)
The Searches with Consent Exception
207(4)
Consent Must Be Voluntary
207(1)
Consent to Enter Does Not Necessarily Mean Consent to Search
208(1)
Consent to Search Need Not Be in Writing
208(1)
Knowledge of the Right to Refuse Consent Is Not Required
208(1)
The Scope of Allowable Search Depends on Type of Consent Given
208(1)
Consent Given May Be Revoked at Any Time
209(1)
Who May Give Consent to Search?
209(2)
The Special Needs beyond Law Enforcement Exception
211(3)
Public School Searches
211(1)
Searches of Probationers' and Parolees' Homes
212(1)
Airport Searches
213(1)
The Exigent (Emergency) Circumstances Exception
214(2)
Danger of Physical Harm to the Officer or Destruction of Evidence
214(1)
Searches in "Hot Pursuit" (or "Fresh Pursuit") of Dangerous Suspects
215(1)
Danger to a Third Person
215(1)
Driving While Intoxicated (DWI)
215(1)
The Administrative Searches and Inspections Exception
216(2)
Entering a Private Residence for Code Violations-Consent or Warrant Needed
216(1)
Entering Commercial Buildings for Inspection Purposes-Consent or Warrant Needed
217(1)
Searches of Closely Regulated Businesses-No Need for Consent or Warrant
217(1)
Administrative Searches and Law Enforcement Searches Compared
218(1)
Specific Search and Seizure Issues
218(8)
Squeezing Luggage in a Bus
218(1)
Temporary Restraint of a Suspect
219(1)
Mail Searches
219(1)
Searches and Seizures by Private Persons
219(1)
Searches by Government Agents of the Same Material Searched by Private Parties
220(1)
Searches by Off-Duty Officers
220(1)
Searches of Nonresident Aliens in a Foreign Country
220(1)
Use of Police Dogs for Detection of Drugs
221(1)
Surgery to Remove a Bullet from a Suspect
221(1)
Searches and Seizures of Computers
222(2)
Legal Requirements
222(1)
Probable Cause
222(1)
Reasonable Expectation of Privacy
223(1)
Searches and Seizures in Cyberspace
224(2)
Summary
226(1)
Review Questions
227(1)
Key Terms and Definitions
227(1)
Principles of Leading Cases
228(5)
Case Briefs
233(1)
Chimel v. California
233(1)
Maryland v. Garrison
233(1)
Web Resources
234(1)
Recommended Readings
234(1)
Notes
235(1)
8. Vehicle Stops, Searches, and Inventories
236(35)
Vehicle Stops
238(12)
The Rules Governing Vehicle Stops
238(3)
The General Rule: The Need for Reasonable Suspicion of Involvement in Criminal Activity
238(1)
Reasonable Suspicion Is Determined by the Totality of Circumstances, Not by Individual Factors
239(2)
What an Officer May Do after a Vehicle Stop
241(4)
Based on General Law Enforcement Authority (But Subject to Limitations Set by State Law or Department Policy)
241(2)
Based on Reasonable Suspicion
243(1)
Based on Probable Cause
244(1)
Based on Consent
245(1)
Traffic Stops as Pretexts for Vehicle Searches
245(2)
Vehicle Stops Based on Racial Profiles
247(2)
Consensual Searches and the Freedom to Leave
249(1)
Arrest for a Minor (Nonjailable) Traffic Offense
249(1)
Vehicle Searches
250(9)
Vehicle Searches and Warrants: Carroll v. United States
250(1)
Warrantless Vehicle Searches
251(1)
Searches Incident to the Issuance of Traffic Citations
251(1)
Searches of Passenger Compartments: New York v. Belton
252(1)
Searches of Trunks and Closed Packages Found in Trunks
252(1)
Searches of Locked Trunks or Glove Compartments
253(1)
Contemporaneousness
253(1)
Warrantless Searches When There Is Time to Obtain a Warrant
254(1)
The Extent of Car Searches and the Objective Reasonableness Rule
254(1)
Asking Questions of Bus Passengers
255(1)
Warrantless Searches of Containers
255(1)
Seizures of Vehicles from Public Places
256(1)
Searches of Motor Homes without a Warrant
257(1)
Beepers to Detect Cars
258(1)
Other Car Searches
259(1)
Vehicle Inventory Searches
259(4)
Warrantless Vehicle Inventory Searches Immediately after Arrest
259(1)
Warrantless Inventory Searches of Vehicles Impounded by Police
260(1)
An Important Word of Caution
261(2)
Summary
263(1)
Review Questions
263(1)
Key Terms and Definitions
264(1)
Principles of Leading Cases
264(4)
Case Briefs
268(1)
United States v. Ross
268(1)
Indianapolis v. Edmond
268(1)
Web Resources
269(1)
Recommended Readings
269(1)
Notes
269(2)
9. Plain View, Open Fields, Abandonment, and Electronic Surveillance
271(36)
The Plain View Doctrine
272(7)
Plain View Defined
272(1)
Requirements of the Plain View Doctrine
273(2)
1. Awareness of Item through Use of Sight
273(1)
2. The Officer Must Be Legally in the Place from Which the Item Is Seen
273(1)
3. It Must Be Immediately Apparent That the Item Is Subject to Seizure
274(1)
Law Enforcement Situations in Which the Plain View Doctrine Applies
275(1)
Plain View as But One of Many Justifications for Admission of Evidence
275(1)
Issues Raised by the Plain View Doctrine
275(4)
Inadvertence (Accidental Finding): Horton v. California
275(2)
Open Spaces
277(1)
Motor Vehicles
277(1)
The Use of Mechanical Devices
278(1)
Plain View versus Open View
278(1)
Plain View versus Plain Touch
278(1)
Plain View versus Plain Odor
279(1)
The Open Fields Doctrine
279(6)
Open Fields Defined
279(1)
Areas Not Included in Open Fields
279(2)
Houses
279(1)
Curtilage
280(1)
The Test to Determine Curtilage: United States v. Dunn
281(1)
Aerial Surveillance of Curtilage: California v. Ciraolo
282(1)
Open Fields despite a Locked Gate and a "No Trespassing" Sign: Oliver v. United States
283(1)
Open Fields and the Use of Thermal Imaging
284(1)
Open Fields versus Plain View
284(1)
Similarities
284(1)
Differences
284(1)
Abandonment
285(3)
Abandonment Defined
285(1)
Factors Determining When Items Are Considered Abandoned
285(2)
Where the Property Is Left
285(1)
The Intent
286(1)
Abandonment of Motor Vehicles
287(1)
The Legality of Police Actions
288(1)
Abandonment versus Plain View
288(1)
Similarities
288(1)
Differences
288(1)
Electronic Surveillance
288(9)
The Old Concept-Constitutional if There Is No Trespass: Olmstead v. United States
288(1)
The New Concept-Unconstitutional if It Violates a Reasonable Expectation of Privacy: Katz v. United States
289(1)
Federal Law: Title III of the Omnibus Crime Control and Safe Streets Act of 1968
290(4)
The Main Provision
290(2)
The Constitutionality of Title III
292(1)
State Laws and Title III
292(1)
Berger v. New York and Title III
293(1)
Federal Law: The Electronic Communications and Privacy Act of 1986 (ECPA)
294(1)
Federal Law: The Communications Assistance for Law Enforcement Act of 1994 (CALER)
294(1)
Electronic Devices That Do Not Intercept Communication
295(8)
Pen Registers
296(1)
Electronic Beepers
296(1)
Police Use of Cameras to Monitor Traffic and Other Offenders
296(1)
Recording Devices in Prisons and Jails
297(1)
Summary
298(2)
Review Questions
300(1)
Key Terms and Definitions
300(1)
Principles of Leading Cases
301(2)
Case Brief
303(1)
Katz v. United States
303(1)
Web Resources
304(1)
Recommended Readings
304(1)
Notes
304(3)
V. IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS 307(74)
10. Lineups and Other Pretrial Identification Procedures
308(30)
Lineups
310(9)
The Right to Counsel
310(5)
Prior to the Filing of a Formal Charge: Kirby v. Illinois
311(1)
After the Filing of a Formal Charge: United States v. Wade
311(4)
The Right to Due Process
315(2)
An Impermissibly Suggestive Identification Procedure
315(1)
Factors in Determining Violations of Due Process
316(1)
Lineup Composition and Procedure
316(1)
The Right to Protection against Unreasonable Searches and Seizures
317(1)
The Right to Protection against Self-Incrimination
318(1)
Showups
319(2)
The Right to Counsel
319(1)
Prior to the Filing of a Formal Charge-No
319(1)
After the Filing of a Formal Charge-Yes
319(1)
The Right to Due Process Applies
319(2)
The Right to Protection against Unreasonable Searches and Seizures Does Not Apply
321(1)
The Right to Protection against Self Incrimination Does Not Apply
321(1)
Photographic Identifications
321(2)
The Right to Counsel
321(1)
The Right to Due Process
321(1)
No Right to Protection against Unreasonable Searches and Seizures
322(1)
No Right to Protection against Self-Incrimination
323(1)
Guidelines from the National Institute of Justice
323(3)
For Lineups
324(1)
Composing
324(1)
Presenting
325(1)
For Showups
325(1)
For Photographic Identifications
325(1)
Other Means of Pretrial Identification
326(6)
DNA Testing
326(3)
Background
326(1)
Results and Some Legal Issues
327(1)
Unassailable Scientific Reliability
328(1)
Toward a National DNA Database
328(1)
The Future
329(1)
Polygraph Examinations
329(3)
Summary
332(1)
Review Questions
333(1)
Key Terms and Definitions
333(1)
Principles of Leading Cases
333(2)
Case Brief
335(1)
Kirby v. Illinois
335(1)
Web Resources
335(1)
Recommended Readings
336(1)
Notes
336(2)
11. Confessions and Admissions: Miranda v. Arizona
338(43)
Prior to Miranda: Voluntariness Was the Test for Admissibility
339(3)
Brown v. Mississippi, 297 U.S. 278 (1936)-Confession Not Valid because of Coercion and Brutality
340(1)
Chambers v. Florida, 309 U.S. 227 (1940)-Confession Not Valid because of Coercion
340(1)
Spano v. New York, 360 11.5. 315 (1959)-Confession Not Valid because of Deception
341(1)
Rogers v. Richmond, 365 U.S. 534 (1961)-Confession Not Valid because of Involuntariness
341(1)
Escobedo v. Illinois, 378 U.S. 748 (1964)-Confession Not Valid because the Suspect Was Denied Counsel at the Police Station
341(1)
Miranda Rejects the Voluntariness Test in Favor of a Three Questions Test
342(1)
The Basics of Miranda v. Arizona
343(11)
The Case Itself
343(1)
The Facts
343(1)
The Legal Issue
343(1)
The Court's Decision
343(1)
The Case's Significance
344(1)
The Miranda Warnings
344(1)
The Miranda Warnings Are Required by the Constitution, Not Just by Judges
345(3)
The Miranda Warnings Must Be Given for All Offenses except Routine Traffic Stops
348(1)
Miranda Is a Protection against Self-Incrimination Case
349(1)
Miranda Rights May Be Waived
350(3)
The Waiver Must Be Intelligent and Voluntary
350(1)
A Waiver "Following the Advice of God" May Be Valid
351(1)
There Is No Presumption of a Waiver from Silence after the Warnings
352(1)
An Express Waiver Is Not Required
352(1)
A Signed Waiver Is Not Required
352(1)
The Warnings Must Be Repeated after a Prolonged Interruption
352(1)
A Request for Someone Other Than a Lawyer Is a Waiver
352(1)
A Waiver May Be Valid Even if a Lawyer Has Been Retained
353(1)
A Waiver May Be Withdrawn at Any Time
353(1)
The Prosecution Must Prove Intelligent and Voluntary Waiver
353(1)
The Miranda Warnings Must Be Given Whenever There Is Custodial Interrogation
354(5)
When Is a Suspect in Custody?
354(3)
Situation 1: When the Suspect Is under Arrest
354(1)
Situation 2: When the Suspect Is Not under Arrest but Is Deprived of Freedom in a Significant Way
355(2)
When Is a Suspect under Interrogation?
357(2)
When the Police Ask Questions That Tend to Incriminate
357(1)
When No Questions Are Asked but the Police Create the Functional Equivalent of an Interrogation
358(1)
Other Cases Affirming Miranda
359(3)
Further Questioning about the Same Offense after a Suspect Asks for a Lawyer
359(1)
Further Questioning about an Unrelated Offense after a Suspect Asks for a Lawyer
360(1)
Questioning about a Second Offense When Suspect Has a Lawyer for a Different but Related Offense
360(1)
Questioning a Defendant without a Lawyer after an Indictment
361(1)
Asking for a Lawyer during the Giving of Miranda Warnings
361(1)
Other Cases Either Rejecting Miranda or Not Applying Miranda in Full
362(6)
Police May Question a Suspect on an Unrelated Offense after the Suspect Indicates a Wish to Remain Silent
362(1)
After a Knowing and Voluntary Waiver, Officers May Continue Questioning until the Suspect Clearly Requests a Lawyer
363(1)
An Inadmissible Statement May Be Used to Impeach a Defendant's Credibility As Long As It Is Voluntary
364(1)
A Suspect's Statement May Be Used to Obtain Collateral Derivative Evidence
364(1)
An Undercover Officer Posing as a Fellow Inmate Need Not Give Miranda Warnings
365(1)
A Suspect Need Not Be Informed of All Crimes before Interrogation
366(1)
A Confession Need Not Be Written
366(1)
A Confession Is Admissible despite the Failure of Police to Inform a Suspect of a Retained Attorney
367(1)
Situations in Which the Miranda Warnings Are Not Required
368(3)
When No Questions Are Asked by the Officer
368(1)
During General On-the-Scene Questioning
368(1)
When the Statement Is Volunteered
368(1)
When Questioning a Suspect about Identification
369(1)
When Questioning Witnesses
369(1)
In Stop and Frisk Cases
369(1)
During Lineups, Showups, or Photographic Identifications
369(1)
When the Statement Is Made to a Private Person
369(1)
When a Suspect Appears before a Grand Jury
370(1)
When There Is a Threat to Public Safety
370(1)
The Harmless Error Rule Applies to Miranda Cases on Appeal
371(1)
Summary
372
Review Questions 3
73(301)
Key Terms and Definitions
374(1)
Principles of Leading Cases
375(3)
Case Brief
378(1)
Berkemer v. McCarty
378(1)
Web Resources
379(1)
Recommended Readings
379(1)
Notes
379(2)
VI. CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT 381(82)
12. Legal Liabilities and Other Consequences of Police Misconduct
382(36)
Lawsuits against the Police: An Occupational Hazard
383(2)
An Overview of Police Legal Liabilities
385(1)
Criminal Liabilities under Federal and State Penal Codes
386(2)
Under the Federal Penal Code
386(1)
Title 18 of the U.S. Code, Section 242-Criminal Liability for Deprivation of Civil Rights
386(1)
Title 18 of the U.S. Code, Section 241-Criminal Liability for Conspiracy to Deprive a Person of Rights
387(1)
Title 18 of the U.S. Code, Section 245-Federally Protected Activities
387(1)
Under State Law
387(1)
State Penal Code Provisions Aimed Specifically at Public Officers
387(1)
Regular Penal Code Provisions Punishing Criminal Acts
387(1)
Civil Liability under Federal Law Section 1983 Cases
388(5)
The Federal Law
388(1)
The Requirements of a Section 1983 Lawsuit
389(1)
Acting under Color of Law
389(1)
Violation of a Right Given by the U.S. Constitution or by Federal Law
390(1)
Defenses in Section 1983 Cases
390(3)
The Good Faith Defense: Harlow v. Fitzgerald
391(2)
The Probable Cause Defense but Only in Search and Seizure Cases
393(1)
Civil Liability under State Tort Law
393(9)
Types of State Tort Cases
393(7)
Intentional Tort
393(3)
Negligence Tort
396(4)
The Defense Often Used in State Tort Cases Is Official Immunity
400(2)
The Act Is Discretionary
401(1)
The Officer Acted in Good Faith
401(1)
The Officer Acted within the Scope of Authority
401(1)
Federal (Section 1983) and State Tort Cases Distinguished
402(1)
Defendants in Civil Liability Cases: Legal Representation and Indemnification
402(4)
The Police Officer as Defendant
402(1)
Who Will Represent the Officer in a Lawsuit?
402(1)
Who Will Pay If an Officer Is Held Liable?
403(1)
The Supervisor as Defendant
403(2)
The Supervisor Was Personally Involved in the Act
403(1)
The Supervisor Was Not Personally Involved, but What Happened Can Be Linked to Negligence by the Supervisor
404(1)
If the Supervisor Violates the Rights of Subordinates (Direct Liability)
404(1)
The City or County as Defendant
405(1)
Can the Police Sue Back?
406(1)
Other Consequences of Police Misconduct
407(3)
Exclusion of Evidence Illegally Obtained
407(1)
Administrative Investigations and Sanctions
408(1)
Loss of Law Enforcement License through Unethical Behavior and Lying
408(2)
A Final Word-The Other Side
410(1)
Summary
411(1)
Review Questions
412(1)
Key Terms and Definitions
412(2)
Principles of Leading Cases
414(2)
Case Brief
416(1)
Graham v. Connor
416(1)
Web Resources
417(1)
Recommended Readings
417(1)
Notes
417(1)
13. Constitutional Rights of the Accused during Trial
418(45)
The Right to a Trial by Jury
420(5)
Jury Size
420(1)
Unanimous versus Nonunanimous Verdicts
420(1)
Serious versus Petty Offenses
421(1)
Waiver of a Jury Trial
422(1)
The Selection of a Jury of Peers
422(1)
Disqualification of Jurors Based on Race
423(2)
Disqualification of Jurors Based on Gender
425(1)
The Right to Counsel
425(8)
Why Is Counsel Needed?
427(1)
How Is Counsel Obtained?
427(2)
Retained Counsel
427(1)
Court-Appointed Counsel
428(1)
The Responsibility of the Defense Lawyer
429(1)
The Right to Court-Appointed Counsel during Trial
429(1)
The Extent of a Defendant's Right to Court-Appointed Counsel in All Criminal Proceedings
429(1)
The Extent of a Defendant's Right to Confer with Counsel
430(1)
The Right to Effective Assistance of Counsel
430(2)
Recent Claims of Ineffective Counsel: A Sleeping Lawyer, a Silent Lawyer, and Lawyer Who Had the Victim as a Client
432(1)
The Right To Act as One's Own Counsel
433(1)
The Right to Due Process
433(3)
The Brady Rule on Disclosure of Evidence to the Accused
434(1)
Cases after Brady
434(2)
The Right to Protection against Self-Incrimination
436(4)
The Scope of the Provision: Testimonial versus Physical
436(1)
Two Separate Privileges during Trial
437(1)
The Privilege of the Accused
437(1)
The Privilege of a Witness
437(1)
The Grant of Immunity
438(1)
Transactional versus Use and Derivative Use Immunity
439(1)
How Is the Right Waived?
440(1)
The Right to Protection against Double Jeopardy
440(5)
What Is Double Jeopardy?
440(1)
When Does Double Jeopardy Start?
441(1)
When Is Double Jeopardy Waived?
441(1)
In Mistrials
441(1)
When a Verdict of Conviction Is Set Aside on a Defendant's Motion or Appeal
441(1)
In Habeas Corpus Cases
442(1)
What Does Same Offense Mean?
442(1)
What Does Lesser Included Offense Mean?
443(1)
Prosecution for a Higher Offense after Conviction for a Lesser Included Offense
444(1)
Prosecution for the Same Offense by Two States
444(1)
The Right to Confront Witnesses
445(1)
The Right to Cross-Examine Opposing Witnesses
445(1)
The Right to Physical Presence during Trial
445(1)
Deliberate Absence
445(1)
Disruptive Conduct in the Courtroom
445(1)
The Right to Face Witnesses at Trial
446(1)
The Right to Know the Identity of Prosecution Witnesses
446(1)
The Right to Compulsory Process to Obtain Witnesses
446(1)
The Right to a Speedy and Public Trial
447(2)
What Is a Speedy Trial?
447(1)
What Is a Public Trial?
448(1)
The Right to a Fair and Impartial Trial
449(1)
Prejudicial Publicity Is Prohibited
449(1)
Controlling Prejudicial Publicity
449(1)
Change of Venue
449(1)
Sequestration
449(1)
Continuance
449(1)
Issuance of a Gag Rule
450(1)
Control of the Press
450(1)
The Right to Proof of Guilt beyond a Reasonable Doubt
450(3)
What Must Be Proved?
450(1)
What Is Reasonable Doubt?
451(2)
Summary
453(2)
Review Questions
455(1)
Key Terms and Definitions
455(1)
Principles of Leading Cases
456(5)
Case Brief
461(1)
J.E.B. v. Alabama
461(1)
Web Resources
462(1)
Recommended Readings
462(1)
Notes
462(1)
Appendix A: Guide to Case Briefing 463(2)
Appendix B: The Case of Minnesota v. Dickerson-A Full Reprint 465(10)
Appendix C: Thirty Suggestions on How to Be an Effective Witness 475(4)
Appendix D: The Constitution of the United States 479(12)
Appendix E: Table of Cases 491(10)
Glossary 501(10)
Index 511


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