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Today's law enforcement officers, who are required to be highly knowledgeable about the law, will find this guide to be a valuable tool, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Appendix contains the Bill of Rights and the Fourteenth Amendment. Table of cases lists every case referenced in the text.
Jeffery T. Walker is a professor of Criminal Justice and Criminology in the Department of Criminal Justice at the University of Arkansas, Little Rock. Craig Hemmens is a professor in the Department of Criminal Justice at Boise State University.
Table of Contents
|Results of Failure to Comply with Constitutional Mandates||p. 1|
|Civil Liabilities||p. 2|
|Civil Rights Actions||p. 2|
|Liability of Supervisors, Administrators, and Agencies||p. 7|
|Admissibility of Evidence||p. 12|
|Police Power and Limitations||p. 17|
|Police Power, Authority, and Responsibility||p. 17|
|Limits on Police Authority||p. 18|
|Bill of Rights||p. 19|
|Due Process of Law||p. 20|
|Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause||p. 21|
|Protection of Rights via State Constitutions and Laws||p. 21|
|Police Authority to Detain||p. 25|
|General Considerations||p. 25|
|Consensual Encounters||p. 26|
|Terry v. Ohio Stop-and-Frisk Rationale||p. 27|
|Application to Off-Street Situations||p. 33|
|Application to Detention of Motorists||p. 33|
|Detention of Luggage||p. 36|
|Duration of the Detention||p. 37|
|Detention to Check Driver's License and Registration||p. 39|
|Detention at Police Roadblocks||p. 40|
|Law of Arrest||p. 45|
|General Considerations||p. 45|
|Statutory Authority to Arrest||p. 47|
|Definition and Elements of Arrest||p. 50|
|Arrest under the Authority of an Arrest Warrant||p. 54|
|Arrest without a Warrant||p. 63|
|Post-Arrest Probable Cause Determination||p. 75|
|Use of Force in Making an Arrest||p. 77|
|The Citation and Summons in Law Enforcement||p. 81|
|Arrest after Fresh Pursuit||p. 83|
|Search and Seizure with a Warrant||p. 87|
|General Considerations||p. 87|
|Constitutional Provisions||p. 88|
|The Exclusionary Rule||p. 89|
|Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio||p. 89|
|Application and Modification of the Exclusionary Rule||p. 90|
|Seizure with a Valid Search Warrant-General||p. 95|
|Requirements of a Valid Search Warrant||p. 95|
|Execution of the Search Warrant||p. 103|
|Search of a Person on the Premises Where Such Person Is Not Described in the Warrant||p. 110|
|Return of the Warrant||p. 111|
|Search and Seizure without a Warrant||p. 113|
|General Considerations||p. 114|
|Search Incident to a Lawful Arrest||p. 114|
|Search with a Valid Waiver (Consent Searches)||p. 125|
|Search of Movable Vehicles and Objects||p. 133|
|Search after Lawful Impoundment (Inventory Searches)||p. 137|
|Exigent Circumstances Exception to the Warrant Requirement||p. 140|
|Plain View Searches||p. 142|
|Search of Premises Not Protected by the Fourth Amendment (Open Fields)||p. 145|
|Search by a Private Individual||p. 147|
|Standing to Challenge the Search||p. 149|
|Stop and Frisk||p. 151|
|Seizure of Verbal Evidence via Recorders or Microphones: Electronic Searches||p. 158|
|Airport Searches||p. 161|
|Search of Pervasively Regulated Businesses||p. 161|
|Questioning Suspects||p. 165|
|General Considerations||p. 165|
|The Free and Voluntary Rule||p. 167|
|Warning and Waiver Requirements (Miranda Rule)||p. 170|
|Exclusion Related to the Fourth Amendment||p. 184|
|Right to Counsel||p. 187|
|The Delay in Arraignment Rule||p. 193|
|Exceptions to Right to Counsel and Self-incrimination||p. 196|
|Admissibility of a Second Confession After an Inadmissible First Confession||p. 199|
|Pretrial Identification Procedures||p. 203|
|General Considerations||p. 203|
|Fingerprinting and Photographing Suspects||p. 204|
|Lineup-Self-Incrimination Challenge||p. 206|
|Lineup-Right to Counsel Challenge||p. 206|
|Lineup-Due Process Challenge||p. 208|
|Pretrial Photographic Identification||p. 210|
|Dental Examination||p. 211|
|Voice Exemplars||p. 212|
|Footprint Comparisons and Other Body Examinations||p. 212|
|Deoxyribonucleic Acid (DNA) Tests||p. 213|
|Appendix: Bill of Rights (First Ten Amendments) and the Fourteenth Amendment||p. 217|
|Table of Cases||p. 221|
|Table of Contents provided by Ingram. All Rights Reserved.|