Black Letter Outline on Basic Criminal Procedure

by Saltzburg, Stephen A.; Capra, Daniel J.; Davis, Angela J.

• ISBN13: 9780314158918
• ISBN10: 031415891X
• Edition: 4th
• Format: Paperback
• Copyright: 2005-02-28
• Publisher: West Academic

Summary

This Black Letter presents the basic principles of criminal procedure. Provides extensive discussion on the Fourth Amendment, exclusionary rules, and significant cases such as Miranda and their effect on constitutional interpretation. Addresses exceptions to the general Fourth Amendment requirements of probable cause and warrant, eavesdropping, and the use of secret agents. Also examines remedies for Fourth Amendment violations, privilege against self-incrimination, self-incrimination and confessions, constitutional limits on identification evidence, and the right to counsel.

Table of Contents

Capsule Summary	1	(70)
Perspective	71	(10)
Introductory Concepts: Determining the Effect of a Supreme Court Decision on Criminal Procedure	81	(12)
Application of Bill of Rights Protections to the States---Incorporation	83	(5)
Bill of Rights and Fourteenth Amendment	83	(1)
Scope of Protection	83	(1)
Incorporating the Bill of Rights	83	(1)
Analysis Employed	83	(1)
Fundamental Rights Approach	84	(1)
Criticism of Case-By-Case Approach	84	(1)
Total Incorporation Approach	84	(1)
Criticism of Total Incorporation Approach	85	(1)
Effect of Total Incorporation View	85	(1)
The Selective Incorporation Approach	85	(1)
Generalized Approach	85	(1)
Criticism of Selective Incorporation	85	(1)
Selective Incorporation Predominates	86	(1)
Rights Not Selectively Incorporated	87	(1)
Advantages and Disadvantages of Equal Application on Federal and State Level	87	(1)
Efficiency	87	(1)
Possible Erosion of Federal Protections	87	(1)
Non-Constitutional Protections	88	(1)
Supervisory Power	88	(1)
Limitations	88	(1)
State Court Activism: Providing Greater Rights to Criminal Defendants by Relying on the State Constitution	88	(5)
Greater Protection Under State Law	89	(1)
No Federal Question	89	(1)
Two-Step Process	89	(1)
Different Language	89	(1)
Independent Policy Determination	89	(1)
Limitations on Activism	90	(1)
Amendments to State Constitutions	90	(1)
Plain Statement Rule	90	(1)
Decision on Both Federal and State Grounds	90	(1)
Remand to State Court	91	(2)
The Fourth Amendment	93	(78)
Introduction	95	(6)
Basics of the Fourth Amendment	95	(1)
Does Not Apply to Private Activity	95	(1)
Government Can Use the Fruits of a Private Search	95	(1)
Not Acting in an Official Capacity	95	(1)
Private Actors as Government Agents	96	(1)
Applies to All Government Agents, Not Just Police Officers	96	(1)
Protects ``The People''	97	(1)
Protects Innocent and Guilty Alike	97	(1)
Does Not Protect Aliens When the Search Is Conducted Abroad	97	(1)
Dissent	97	(1)
Open Question: Does the Fourth Amendment Apply To Searches Conducted of Illegal Aliens and Their Property In the United States?	98	(1)
Protects ``Persons, Houses, Papers and Effects''	98	(1)
Two Clauses	98	(1)
Which Clause Predominates?	98	(1)
Historical Basis	98	(1)
Predominance of the Warrant Clause	99	(1)
Rationale	99	(1)
Common Law Approach	99	(1)
The Theory of the Warrant Clause	100	(1)
Prior Record of Probable Cause	100	(1)
Limitation on the Scope of a Search	100	(1)
Sign of Authority	100	(1)
The Rise of the Reasonableness Clause	101	(1)
Threshold Requirements for Fourth Amendment Protections; ``Search'' and ``Seizure''	101	(26)
The Katz Test	102	(1)
Government Contentions In Katz	102	(1)
Court's Response In Katz	102	(1)
Modern Definition of ``Search'' and ``Seizure''	102	(1)
Concurring Opinion of Justice Harlan	103	(1)
Interests Protected by the Fourth Amendment After Katz	103	(1)
The Fourth Amendment Protects ``Legitimate'' Interests	103	(1)
If it Is Legitimate, What Is There to Hide?	103	(1)
Physical Disruption and Inconvenience	104	(1)
Interest in Secrecy	104	(1)
Possessory Interests	104	(1)
Different Intrusions	104	(1)
Application of the Katz Principle: Manifestation of a Subjective Interest in Privacy	105	(1)
Strict Application	105	(1)
Abandonment	105	(1)
Sufficient Manifestation Found Under Some Circumstances	106	(1)
Application of the Katz Principle: Legitimacy of the Expectation of Privacy, Access by Members of the Public	106	(1)
Bank Records	106	(1)
Telephone Pen Registers	106	(1)
Recordkeeping by Third Party Not Required	107	(1)
Dissents in Smith and Miller	107	(1)
Response	107	(1)
Trash	107	(1)
Lack of Choice Irrelevant	108	(1)
Efforts at Concealment	108	(1)
Dissent	108	(1)
Limitations on Greenwood	109	(1)
Homeless Persons	109	(1)
Aerial Surveillance	109	(1)
Rationale	110	(1)
Dissent	110	(1)
Low-Flying Helicopters	110	(1)
Legally Permissible Access	110	(1)
Actual Access	110	(1)
Burden of Proof	111	(1)
Implications From Riley	111	(1)
Limitations on Public Access Theory	111	(1)
Hotel Room Searches	111	(1)
Distinction from Smith and Miller	112	(1)
Must Have a Current Right to Reside in the Room	112	(1)
Bags in Public Transit	113	(1)
Application of Katz: Investigation Which Can Only Uncover Illegal Activity Is Not a Search	113	(1)
Dog Sniffs	113	(1)
Implications From Place	113	(1)
Seizure of Luggage in Order to Conduct the Canine Sniff Triggers Fourth Amendment Protections	114	(1)
Positive Result Does Not Allow Opening the Luggage	114	(1)
Dog Sniffs of People	115	(1)
Dog Sniffs of Rooms and Residences	115	(1)
Chemical Tests	115	(1)
Not All Chemical Tests Are Free From Fourth Amendment Scrutiny	116	(1)
Seizure to Do the Test	116	(1)
Application of Katz: Re--Opening of Packages by Government Officials	116	(1)
Rationale	116	(1)
Re-Opening After Private Search	116	(1)
Dissent	117	(1)
Later Activity Can Be a Search to the Extent That it Exceeds the Scope of the Original Legal Search	117	(1)
Controlled Delivery	117	(1)
Lapse in ``Control''	118	(1)
Dissent	118	(1)
Application of Katz: Sensory Enhancement Devices	118	(1)
Beepers	118	(1)
Sale of Merchandise Containing a Beeper	119	(1)
Entering a Private Area to Install a Beeper	119	(1)
Obtaining Private Information Through Use of a Beeper	119	(1)
Flashlights	120	(1)
Binoculars	120	(1)
Microphones	120	(1)
High-Tech Cameras	120	(1)
Limitations on Dow	121	(1)
Thermal Imaging Devices	121	(1)
Application of Katz: Prisoners and Jail Cells	122	(1)
Rationale	122	(1)
Dissent	122	(1)
Searches of Persons	122	(1)
Application of Katz: Open Fields	123	(1)
Rationale	123	(1)
No Case-By-Case Approach	123	(1)
Dissent	124	(1)
Curtilage Remains Protected	124	(1)
Porches, Decks, etc. as Curtilage	125	(1)
Aerial Surveillance	125	(1)
Industrial Property	125	(1)
Other Property	126	(1)
Application of Katz: Public School Students	126	(1)
Search Is Reasonable	126	(1)
Application of Katz: Government Employees	126	(1)
Search Is Reasonable	127	(1)
The Probable Cause Requirement	127	(21)
Standard of Proof Required for Probable Cause to Exist	127	(1)
No Requirement of Certainty	127	(1)
Plausible, Innocent Explanations Are Not Dispositive	128	(1)
Officers Are Allowed to Make Reasonable Mistakes	128	(1)
Totality of Circumstances	129	(1)
Deference to Police Officer's Expertise	129	(1)
Collective Knowledge	130	(1)
Generally Required for All Searches and Seizures	130	(1)
Exceptions	130	(1)
Seizures of Persons or Things Which Constitute a Limited Intrusion	130	(1)
Limited Searches to Protect the Officer From Harm	131	(1)
Search or Seizure Conducted for Special Needs Beyond Criminal Law Enforcement	131	(1)
All Searches for Criminal Law Enforcement Purposes Require Probable Cause	131	(1)
Application of the Probable Cause Standard to Questions of Identity	131	(1)
Particularized Information Required	132	(1)
Statistics	132	(1)
Ownership and Control	132	(1)
Fitting a Description	132	(1)
Prior Criminal Record	133	(1)
Application of Probable Cause Standard to Equivocal Conduct	133	(1)
Innocent Explanations for Equivocal Activity	133	(1)
First Amendment Considerations	134	(1)
Probable Cause as Applied to Location	135	(1)
Staleness	135	(1)
One of Several Locations	136	(1)
The Use of Hearsay in the Probable Cause Determination	136	(1)
Former Two--Pronged Test for Evaluating Hearsay	137	(1)
First Prong: Reliable Informant	137	(1)
Police Officers	137	(1)
Citizen--Informants	137	(1)
Informants With Track Records	137	(1)
Declarations Against Interest	138	(1)
Anonymous Informants	138	(1)
Second Prong: Personal Knowledge	138	(1)
Direct Statement of Personal Knowledge	138	(1)
Self--Verifying Detail	138	(1)
Independent Prongs	139	(1)
Corroboration	139	(1)
Rejection of the Two-Pronged Test and Adoption of the Totality of Circumstances Approach	140	(1)
Facts of Gates	140	(1)
Lower Court Analysis	140	(1)
Analysis in Gates	141	(1)
Dissent in Gates	141	(1)
Impact of Gates	141	(1)
No Change in Many Cases	142	(1)
A Tip Which Fails Both Prongs Cannot Itself Constitute Probable Cause	142	(1)
Strong Showing on One Prong Can Make up for a Weak Showing on the Other	143	(1)
The Expanded Role of Corroboration	144	(1)
Corroboration of Innocent Activity	145	(1)
Strict Scrutiny of the Magistrate's Determination Is No Longer Permitted	146	(1)
Deferential Review In Warrantless Search Cases	146	(1)
Gates Rejected by a Number of State Courts	146	(1)
Disclosure of Informant's Identity	146	(1)
Disclosure Is Not Generally Required	147	(1)
Where Officer's Testimony Is Not Credible	147	(1)
In Camera Proceedings	147	(1)
Police Misrepresentation of Facts Constituting Probable Cause	147	(1)
Franks Hearing	147	(1)
No Relief for Negligent Misstatements	148	(1)
Remaining Information May Still Constitute Probable Cause	148	(1)
Obtaining a Valid Search Warrant	148	(11)
Neutral and Detached Magistrate	148	(1)
Cannot Be a Law Enforcement Official	148	(1)
Conducting the Search Destroys Neutrality	149	(1)
Contingent Fee Destroys Neutrality	149	(1)
``Rubber Stamp''	149	(1)
Need Not Be Lawyers	149	(1)
Federal Courts	149	(1)
Must Be Competent to Determine Probable Cause	150	(1)
Magistrate Decisions	150	(1)
Probable Cause Based Only on Facts Presented to the Magistrate	150	(1)
Affidavits	150	(1)
Telephone Warrants	150	(1)
Warrant Is Obtained ex parte	151	(1)
Particular Description of Place to Be Searched	151	(1)
Rationale	151	(1)
Reasonable Particularity	151	(1)
Applicability to More Than One Location	151	(1)
Problems of Execution	152	(1)
Incorrect Address	153	(1)
Technical Accuracy Not Required	153	(1)
Particular Description of Things to Be Seized	154	(1)
Reasonable Particularity	154	(1)
Documents	155	(1)
Document Searches Will Usually Be Extensive	155	(1)
Pervasive Criminal Activity	156	(1)
Catch-All Clauses in the Warrant	156	(1)
Catch-Alls Must Be Qualified by Preceding Descriptions	156	(1)
Qualification by Reference to a General Crime Is Insufficient	156	(1)
Must Be Qualified by Previously Described Property	157	(1)
Severability	157	(1)
Warrant Can Authorize the Seizure of ``Mere Evidence''	158	(1)
Issuing Warrants Against Non-Suspects	158	(1)
No Special First Amendment Protection	158	(1)
Statutory Protections for the Media	159	(1)
Execution of Search Warrants	159	(12)
Time of Execution	159	(1)
New Information	159	(1)
Anticipatory Search Warrants	160	(1)
Execution in the Nighttime	160	(1)
Constitutional Concerns	160	(1)
Execution in the Absence of the Occupant	161	(1)
Covert and Surreptitious Entries	161	(1)
Notice Requirement	161	(1)
Rationale	162	(1)
Constitutional Basis	162	(1)
Manner of Entry	162	(1)
Open Doors	162	(1)
Entry by Ruse	163	(1)
Compliance With the Notice Requirement	163	(1)
Response by Occupants	163	(1)
Emergency Exception	163	(1)
Destruction of Property	164	(1)
Forcible Entry After Knocking and Announcing	164	(1)
Use of Extraordinary Force	165	(1)
Scope and Intensity of the Search	165	(1)
Search of the ``Premises'' Described in the Warrant	165	(1)
Vehicles Within Curtilage of Described Premises	166	(1)
Scope of Search Inside the Premises	166	(1)
Personal Effects in Described Premises	166	(1)
Search of Person Described in Warrant	166	(1)
Search of Person Includes Things Carried by the Person	167	(1)
Search of Person Not Described in Warrant	167	(1)
Detention of Individuals While the Premises Is Searched	167	(1)
Arrival While Search Is Conducted	167	(1)
Intensity of Search	168	(1)
Length of Search and Damage to Premises	168	(1)
The Presence of Private Citizens	168	(1)
Assistance by Occupant	168	(1)
Assistance of Private Individuals	169	(1)
Media Ride Alongs	169	(1)
Flagrant Disregard of Warrant Limitations	170	(1)
Exceptions to the General Fourth Amendment Requirements of Probable Cause and a Warrant	171	(174)
Introduction	174	(1)
Presumptively Unreasonable	174	(1)
Different Requirements for Each Exception	174	(1)
The Plain View Doctrine	174	(6)
Seizure Without a Warrant	174	(1)
Justification	175	(1)
Limitations on the Plain View Doctrine	175	(1)
Officer Must Be Within the Scope of Lawful Activity	175	(1)
Plain View Doctrine Allows Warrantless Seizures, Not Warrantless Searches	175	(1)
Exception for Containers Which ``Bespeak'' Their Contents	176	(1)
Probable Cause Required for a Plain View Seizure	176	(1)
Nexus to Criminal Activity	176	(1)
Probable Cause Must Be Immediately Apparent, Without the Necessity of a Further Search	177	(1)
Arizona v. Hicks	177	(1)
Ruling in Hicks	177	(1)
Immediately Apparent	178	(1)
No Requirement That the Plain View Discovery Be Inadvertent	178	(1)
Facts of Horton	178	(1)
Rationale of Horton	178	(1)
Plain Touch	179	(1)
Rationale	179	(1)
Touch Cannot Be Beyond the Scope of Legal Activity	179	(1)
Warrantless Arrests	180	(6)
No Warrant Required for a Public Arrest	180	(1)
What Is at Stake	180	(1)
Rationale of Watson	180	(1)
Post-Arrest Determination of Probable Cause	180	(1)
Much Like a Pre-Arrest Warrant Procedure	180	(1)
Prompt Hearing Is Required	181	(1)
Arrests for Minor Offenses	181	(1)
Warrant Required for an In-Home Arrest	181	(1)
Distinguished From Watson	181	(1)
Payton Violation Constitutes Illegal Search, Not an Illegal Arrest	182	(1)
When Is an Arrest Made in the ``Home?''	182	(1)
Doorway Arrests	182	(1)
Common Hallways	183	(1)
Homeless Persons	183	(1)
Hotels and Motels	183	(1)
Houseboats, Mobile Homes, etc.	184	(1)
Arrest in the Course of Executing a Search Warrant	184	(1)
Search Warrant Is Required for an Arrest in the Home of a Third Party	184	(1)
Arrest Warrant Not Sufficient if the Suspect Is Temporarily In the Home of Another	184	(1)
Rationale of Steagald	184	(1)
Distinction From Payton	185	(1)
Is the Suspect Living at or Visiting the Premises?	185	(1)
Who Has Standing to Object to the Lack of a Search Warrant?	185	(1)
Anomaly	186	(1)
Can a Visitor Object to the Lack of an Arrest Warrant When Arrested in a Third Party's Home?	186	(1)
Exigent Circumstances	186	(13)
Introduction	186	(1)
Rationale	186	(1)
Types of Risks Which Excuse the Warrant	187	(1)
Hot Pursuit	187	(1)
Suspect Must Be Aware of Pursuit	187	(1)
Risk to Public or Police Safety	188	(1)
Government Must Show an Imminent Risk to Public or Police Safety	188	(1)
Fire Scenes	189	(1)
Destruction or Loss of Evidence	189	(1)
Factors Relevant to Whether an Imminent Risk of Destruction of Evidence Exists	190	(1)
Narcotics Cases	191	(1)
Need Not Be In the Process of Destruction	191	(1)
Not an Automatic Rule	192	(1)
Murder Scene Searches	192	(1)
Minor Crimes	192	(1)
No Misdemeanor/Felony Distinction	193	(1)
Impermissible Creation of Exigent Circumstances	193	(1)
No Impermissible Creation of Exigency Where Officers Act Lawfully	193	(1)
Initial Search or Seizure Must Itself Be Illegal for ``Impermissible Creation'' Doctrine to Be Applicable	194	(1)
Another View---Impermissible Creation Is Found When the Officer's Sole Intent Is to Create Exigent Circumstances	194	(1)
Intent--Based Test	195	(1)
Supreme Court's Emphasis on Objectivity	195	(1)
Prior Opportunity to Obtain a Warrant	195	(1)
Probable Cause and Opportunity to Obtain a Warrant Must Be Clear	195	(1)
Litigation Anomaly	196	(1)
Telephone Warrants	197	(1)
Telephone Warrants Can Be Time--Consuming	197	(1)
Securing Premises While Waiting for the Warrant	197	(1)
Illinois v. McArthur	198	(1)
The Court's Rationale	198	(1)
Stop and Frisk	199	(52)
Terry and the Court's Reliance on the Reasonableness Clause of the Fourth Amendment	199	(1)
Stop and Frisk Permissible if Reasonable Suspicion Exists	199	(1)
Inapplicability of the Warrant Clause	199	(1)
Importance of Reasonableness Clause Analysis	200	(1)
Application of Reasonableness Balancing to Stop and Frisk	200	(1)
Application of Reasonable Suspicion Standard to the Facts of Terry	201	(1)
Reasonableness Balancing Not Limited to Stop and Frisk	201	(1)
Three Categories of Police--Citizen Contacts	201	(1)
Arrest and Incident Search	201	(1)
Stop and Frisk	201	(1)
Encounter	202	(1)
Standard of Proof Must Accord With the Intrusion	202	(1)
What Is a ``Stop''?--The Line Between Stop and Encounter	202	(1)
The Mendenhall Reasonable Person Test	203	(1)
Does a Reasonable Person Ever Feel Free to Leave From an Officer's Presence?	203	(1)
Active Coercion Prohibited	203	(1)
Factors Considered Under the Mendenhall Test	203	(3)
Two Modifications to the Mendenhall ``Free to Leave'' Test	206	(1)
Bostick: Not Free to Leave Because of the Suspect's Own Circumstances	206	(1)
Literal Application Rejected	206	(1)
Freedom to Terminate the Encounter	206	(1)
No Per Se Rule Requiring that Passengers be Warned	207	(1)
Hodari: If Coercive Tactics Are Non-Physical, It Is Not a Stop Until the Suspect Submits	207	(1)
Two Types of Seizures	207	(1)
Physical Touching Is a Seizure	208	(1)
Non-physical Show of Authority Is Not a Stop Until the Suspect Submits	208	(1)
Application to the Facts of Hodari	208	(1)
Officer Is Not Required to Use an Encounter as a ``Less Intrusive Alternative''	208	(1)
What Is Reasonable Suspicion?	209	(1)
Nature of the Analysis Is Similar	209	(1)
Difference In Quantity and Quality of Proof	210	(1)
Quantum of Suspicion Required for Reasonable Suspicion	210	(1)
Questions of Identity of a Perpetrator	211	(1)
``Stop and Identify'' Statutes	211	(1)
General Description Can Support a Stop	211	(1)
Descriptions Can Be Incorrect in Certain Particulars	212	(1)
Changed Circumstances May Be Taken into Account	212	(1)
Size of the Area Is Relevant	213	(1)
Number of People in the Area Is Relevant	213	(1)
Suspicious Activity of a Person Fitting a General Description	213	(1)
Suspect ``Fails'' the Encounter	214	(1)
Prior Record of Criminal Activity	214	(1)
At Some Point, the Totality of Factors Remains Too General to Support a Stop	214	(1)
Suspicious Conduct	215	(1)
Case-by-Case Approach; Relevant Factors	216	(1)
Sokolow Approach Affirmed	217	(1)
Patterns of Activity	217	(1)
Demonstrated Unfamiliarity	218	(1)
Time of Day	218	(1)
Location of Activity; High Crime Area	219	(1)
Known Criminal Record	219	(1)
Evasion in a High Crime Area	220	(1)
Dissent in Wardlow	220	(1)
Some Reactions Are Not Evasive	220	(1)
Failing an Encounter	221	(1)
Non-cooperation During an Encounter	221	(1)
Non-cooperation Distinguished From Evasion	221	(1)
Nervousness During an Encounter	222	(1)
Example of Case in Which Reasonable Suspicion Was Found	222	(1)
Example of Case in Which Reasonable Suspicion Was Not Found	223	(1)
Use of Profiles	224	(1)
Match With Profile Is Not Dispositive	224	(1)
Officers' Use of Profile Does Not Render the Stop Illegal	225	(1)
Relevance of Suspect's Race	225	(1)
Racial Incongruity	225	(1)
Racial Profiling	226	(1)
Officers Can Rely on Collective Knowledge	227	(1)
Limitation	227	(1)
Use of Informants	227	(1)
Facts of White	228	(1)
Analysis in White	228	(1)
Application of the More Permissive Standards to the Facts of White	228	(1)
Corroboration Not as Substantial	229	(1)
Corroboration Sufficient to Support a Stop	229	(1)
Dissent in White	230	(1)
Reasonably Correct Prediction of Future Activity Is Strong Corroboration	230	(1)
Reliability of a Tip Is Irrelevant if Police Investigation Uncovers Sufficient Facts	230	(1)
No ``Firearm Exception''	231	(1)
The Right to Frisk Incident to a Stop	231	(1)
Frisk Is Not a Search for Evidence	232	(1)
Plain View	232	(1)
Exception for Probationer's Residence---Terry Applied Outside the Stop and Frisk Context	232	(1)
Inception of a Frisk; Reasonable Suspicion of Bodily Harm	233	(1)
Automatic, Immediate Right to Frisk a Person Suspected of Violent Crime	233	(1)
Drug Distribution	234	(1)
Non-violent Crimes	234	(1)
Self--Protective Frisk of Those Not Suspected of a Crime	235	(1)
Automatic Companion Rule	236	(1)
Ordering a Person Out of a Car for Self--Protection	236	(1)
Bright-Line Rule	236	(1)
Passengers	237	(1)
Limitations on the Scope of a Frisk	237	(1)
Feeling an Object During a Pat--Down	237	(1)
Probable Cause	237	(1)
Containers on the Suspect's Person	238	(1)
Right to Protective Search Beyond the Suspect's Person	238	(1)
Protective Search of Automobiles	239	(1)
Protective Sweep	239	(1)
Facts of Buie	239	(1)
Analysis in Buie	240	(1)
Protective Sweep Not Permitted to Protect Against Destruction of Evidence	240	(1)
Arrests Outside the Home	240	(1)
Articulable Facts Must Indicate a Risk of Harm	240	(1)
Brief and Limited Detentions: The Line Between Stop and Arrest	241	(1)
Forced Movement of the Suspect to a Custodial Area	241	(1)
Police Cars	241	(1)
Transporting the Suspect to the Station for Interrogation or Fingerprinting	241	(1)
Forced Movement in Order to Obtain an Immediate Identification	242	(1)
Forced Movement for Purposes of Safety or Security	242	(1)
Investigative Techniques	243	(1)
Overly Intrusive Investigation Techniques	243	(1)
Time Limits on Terry Stops	244	(1)
Reasonable Diligence Test	244	(1)
Suspect's Actions May Justify a Lengthier Detention	245	(1)
Suspect's Refusal to Consent to a Search	245	(1)
Detention of Household Occupants During Execution of a Search Warrant	245	(1)
Show of Force or Use of Restraint	246	(1)
Relevant Factors	246	(1)
Detentions of Property Under Terry	247	(1)
Personal Interests at Stake	247	(1)
No Suspicion Required if There Is No Material Interference With Property	248	(1)
Reasonable Suspicion Is Sufficient for Certain Temporary Detentions of Property	249	(1)
Justification for Lengthy Detention of Property	249	(1)
Detentions of Property That Require Probable Cause	249	(1)
Holding in Place	250	(1)
Relevance of Notice	250	(1)
Diligence of the Investigation	250	(1)
Relevant Factors Determining Whether a Seizure of Property Requires Probable Cause	250	(1)
Reasonable Diligence Required	250	(1)
Relevance of Notice to the Property Owner	251	(1)
Administrative and Regulatory Searches and Seizures	251	(44)
Safety Inspections of Homes	252	(1)
Probable Cause Not Required	252	(1)
Rationale	252	(1)
Search Warrant Required	253	(1)
Role of the Judicial Officer	253	(1)
Benefit of the Warrant Requirement	254	(1)
Post--Camara Limitation on the Use of Warrants Without Probable Cause	254	(1)
Administrative Inspections of Businesses	254	(1)
Same Basic Analysis	255	(1)
More Searches May Be Permitted	255	(1)
May Not Be a Search at All	255	(1)
Balance of Interests at Stake	255	(1)
Heavily Regulated Businesses	256	(1)
Examples of Heavily Regulated Businesses	256	(1)
OSHA Searches	257	(1)
Expansion of Heavily Regulated Industries Exception	257	(1)
Dissent	258	(1)
Relevance of Historical Regulation	258	(1)
Regulatory Statute Must Be an Adequate Substitute for a Warrant	258	(1)
Limitations on Frequency of Inspection	259	(1)
Enforcing the Criminal Law	259	(1)
Argument in Burger	260	(1)
Analysis in Burger	260	(1)
Application of Analysis in Burger	260	(1)
Administrative Search Can Lead to Evidence of a Criminal Violation	261	(1)
Use of Police Officers to Conduct an Administrative Search	261	(1)
Civil--Based Searches of Individuals Pursuant to ``Special Needs''	261	(1)
Searches Directed at Students	261	(1)
Balance of Interests Does Not Justify a Warrant Requirement	262	(1)
Balance of Interests Allows a Search on the Basis of Reasonable Suspicion	262	(1)
Distinction From Terry	262	(1)
More Intrusive Searches	263	(1)
Suspicionless Searches	263	(1)
Searches by Law Enforcement Officials	263	(1)
Use of Evidence Obtained	264	(1)
Searches of Students in Private Schools	264	(1)
Employer Inspections of Government Offices	265	(1)
Balance of Interests Does Not Justify a Warrant Requirement	265	(1)
Balance of Interests Allows a Search on the Basis of Reasonable Suspicion	265	(1)
Non-Investigative Work-Related Searches	265	(1)
Searches to Investigate Suspicion of Work-Related Misconduct	266	(1)
Search for Evidence of Criminal Activity Which Is Not Work--Related	266	(1)
Searches Directed at Parolees and Probationers	266	(1)
Balance of Interests Does Not Justify a Warrant Requirement	267	(1)
Balance of Interests Allows Search Upon Reasonable Suspicion	267	(1)
Search by Police Officers	268	(1)
Participation by Police Officers	268	(1)
Application to Parolees	269	(1)
Security Searches at Airports, Courthouses, Military Installations, Prisons, etc.	269	(1)
No Requirement of Particularized Suspicion	269	(2)
Distortion by Law Enforcement Objectives	271	(1)
Drug-Testing of Government Employees and Officials	272	(1)
Drug-Testing Is a Search	272	(1)
Special Needs Analysis Applies	272	(1)
Dissent	273	(1)
Balance of Interests Does Not Justify a Warrant Requirement	273	(1)
Balance of Interests May Allow Suspicionless Drug--Testing In Some Cases	274	(1)
Diminished Expectation of Privacy	274	(1)
Government Interest Placed in Jeopardy by Requirement of Individualized Suspicion	275	(1)
Deterrence Factor Is Relevant	276	(1)
Documented Problem of Drug Abuse Not Absolutely Required for Suspicionless Testing	276	(1)
Dissent	277	(1)
Not All Suspicionless Drug-Testing Is Reasonable	277	(1)
Suspicionless Drug--Testing Plan Must Be Neutral to Be Reasonable	278	(1)
Drug-testing of Students	279	(1)
Rationale	279	(1)
Preference for Suspicionless Searches?	279	(1)
Acton Extended to Participants in All Extracurricular Activities	279	(1)
Drug Testing of Pregnant Mothers	280	(1)
Rationale	280	(1)
Distinguishing Previous Drug--Testing Cases	281	(1)
Dissent	281	(1)
Border Searches and Seizures	281	(1)
Routine Border Searches	282	(1)
Minimally Intrusive	282	(1)
Searches Beyond the Routine	282	(1)
Definition of ``Routine''	283	(1)
Dismantling Property	283	(1)
Strip Searches	283	(1)
Drilling or Dismantling	284	(1)
Extended Detentions	284	(1)
Search or Seizure Beyond the Routine Requires Reasonable Suspicion; Sliding--Scale Approach Rejected	285	(1)
Reasonable Suspicion Sufficient	285	(1)
Distinction From Terry	285	(1)
No Warrant Requirement	286	(1)
Two Types of Intrusions	286	(1)
Probable Cause Not Required	286	(1)
Some Standard Less Than Reasonable Suspicion Is Not Appropriate	287	(1)
Functional Equivalent of the Border	287	(1)
Recent Border Crossings; Extended Border Search	287	(1)
Suspicion Not Required for Routine Extended Border Search or Seizure	288	(1)
Change of Conditions	288	(1)
Roving Patrols in the Interior	288	(1)
Reasonable Suspicion	289	(1)
``Reverse'' Border Searches and Seizures	290	(1)
Roadblocks	290	(1)
Permanent Fixed Checkpoints	290	(1)
Balance of Interests	291	(1)
Location of a Permanent Fixed Checkpoint	291	(1)
Temporary Fixed Checkpoints	291	(1)
Analysis in Sitz	291	(1)
Controls on Locating a Temporary, Fixed Checkpoint	292	(1)
Roadblocks for Drug Detection Invalidated	293	(1)
Rationale	293	(1)
Dissent	294	(1)
Information-Seeking Checkpoints Upheld	294	(1)
Suspicionless Seizures, Not Searches, Are Authorized	295	(1)
Longer Detentions and Interrogations Not Permitted Without Suspicion	295	(1)
The Arrest Power Rule	295	(14)
Spatial Limitations	295	(1)
Arrest Power Rule Is Automatic	296	(1)
Determining the Grab Area	296	(1)
Determination of Grab Area at Time of Arrest	296	(1)
Determination of Grab Area at Time of Search	296	(1)
Factors Helpful in Defining the Area Within the Immediate Control of the Arrestee	296	(1)
Movable Grab Area: No Risk of Danger Needed to Trigger the Arrest Power	297	(1)
Application of Chrisman in the Lower Courts	297	(1)
Other Exceptions That Justify Searches Beyond the Grab Area	298	(1)
Exigent Circumstances	298	(1)
Protective Sweeps	298	(1)
Seizing the Premises	299	(1)
Temporal Limitations	299	(1)
When Is the Search Too Late or Too Far Removed to Be ``Incident to'' an Arrest?	300	(1)
Searches the Day After an Arrest May Be Upheld Where Arrest Processes Are Not Yet Complete	300	(1)
Distinction Between Edwards and Chambers	300	(1)
Searches of the Person Incident to Arrest	301	(1)
United States v. Robinson	301	(1)
Distinguishing a Search of a Person Incident to Arrest From a Terry Frisk	301	(1)
Arrests for Traffic Violations: Police Discretion	302	(1)
Custodial Arrests for Minor Traffic Offenses Held Constitutional	302	(1)
Dissent in Atwater	303	(1)
Search of Objects in the Grab Area	304	(1)
Effect of Chadwick	304	(1)
Searches of Objects ``Immediately Associated'' With the Arrestee	304	(1)
Searches of Objects Not ``Immediately Associated'' With the Person of the Arrestee	305	(1)
The Arrest Power Rule Applied to Automobiles	305	(1)
New York v. Belton	306	(1)
Passenger Compartments of Cars Are Always in the Grab Area	306	(1)
Does Not Apply to the Trunk	306	(1)
The Police May Search All Containers Found in the Passenger Compartment	306	(1)
Aftermath of Belton	307	(1)
Temporal Limitations	307	(1)
What Is the ``Passenger Compartment''?	307	(1)
Containers in the Passenger Compartment	308	(1)
``Recent Occupants'' of a Vehicle	308	(1)
Are the Belton Bright-Line Rules Applicable Outside of the Automobile Context?	308	(1)
No Arrest, No Search	309	(1)
Pretextual Searches and Seizures	309	(3)
The Pretext Problem	310	(1)
Supreme Court View	310	(1)
Rationale	310	(1)
Whren Reaffirmed	311	(1)
The Selectivity Problem	311	(1)
Stop or Arrest for Minor Offense Must Itself Be Legal	311	(1)
Search Must Be Within Confines of Minor Offense	312	(1)
Searches and Seizures of Automobiles and Other Movable Property	312	(14)
The Automobile Exception to the Warrant Requirement	312	(1)
The Carroll Doctrine	313	(1)
Distinguishing Carroll From Search Incident to Arrest	313	(1)
When the Automobile Exception Is Used	313	(1)
Warrantless Searches and Seizures of Automobiles	313	(1)
Chambers v. Maroney	314	(1)
Justification for the Automobile Exception	314	(1)
Dissent	314	(1)
Difference Between Searches and Seizures	315	(1)
Reasons for Diminished Expectation of Privacy In Cars	315	(1)
Dual Justification for the Automobile Exception	315	(1)
Exigency Not a Requirement	316	(1)
Application of the Automobile Exception to Mobile Homes	316	(1)
The Automobile Exception as Applied to Airplanes	316	(1)
Movable Property---In and Out of Cars	317	(1)
Chadwick	317	(1)
Containers in Cars	318	(1)
Clash Between Container Rule and Car Rule in Sanders and Ross	318	(1)
The Ross Rule	318	(1)
The Ross Anomaly	318	(1)
California v. Acevedo: Resolving the Anomalies	319	(1)
Critique of Acevedo Rule	319	(1)
Search of a Passenger's Property	319	(1)
Dissent in Houghton	320	(1)
Searches and Seizures of Automobiles Pursuant to the Community Caretaking Function	321	(1)
Justifying Searches	321	(1)
Must Be a Public Safety Interest	321	(1)
Justifying Seizures of Vehicles	321	(1)
Impoundment of Vehicles and the Inventory Exception to the Warrant Requirement	322	(1)
When Impoundment Is Justified	322	(1)
Requirements for Inventory Searches	322	(1)
Special Needs Beyond Law Enforcement That Are Effectuated by Inventory Searches	323	(1)
Warrant Not Required	323	(1)
Must Conduct Inventory Search Pursuant to Standardized Regulations	323	(1)
Regulations Concerning Treatment of Containers Found in Cars During the Course of an Inventory Search	324	(1)
Some Discretion Permitted	324	(1)
Police Must Follow Regulations	324	(1)
Alternative ``Less Intrusive'' Means	325	(1)
Inventory Searches of Other Property	326	(1)
Immediately Bailable Offenses	326	(1)
Seizure and Inventory Under Forfeiture Laws	326	(1)
Consent Searches	326	(19)
Consent Must Be Voluntary	327	(1)
Schneckloth v. Bustamonte	327	(1)
Test for Voluntariness of Consent	327	(1)
Burden of Proof	327	(1)
Factors Relevant to Voluntariness	328	(1)
The Right to Refuse Consent	328	(1)
Consent After Completion of a Stop	328	(1)
Threat of a Warrant	329	(1)
False Statement Concerning the Possession of a Warrant Renders the Consent Involuntary	329	(1)
Genuine Expressions of Intent to Obtain a Warrant Do Not Render Consent Involuntary	329	(1)
Use of Force	330	(1)
When the Suspect Is in Custody	330	(1)
Requests for Consent	330	(1)
The Character and Emotional State of the Suspect	331	(1)
Suspect's Lack of Education Relevant to Involuntariness	331	(1)
Suspect's Impaired Mental or Emotional Condition Does Not Necessarily Render Consent Involuntary	331	(1)
The Suspect's Belief That Evidence Would Be Found	332	(1)
When Evidence Is Well--Hidden	332	(1)
Third Party Consent	332	(1)
Rationales for Allowing Third Party Consent	333	(1)
Limited Access May Restrict Authority to Consent to a Search	333	(1)
Areas of Access	333	(1)
Marital Relationships	334	(1)
Consent by Parents and Children	334	(1)
Retention of Ownership Interest	335	(1)
Presence of Defendant and Defendant's Refusal to Consent	335	(1)
The Third Party Must Possess Actual or Apparent Authority	336	(1)
Actual Authority: United States v. Matlock	336	(1)
Apparent Authority: Illinois v. Rodriguez	336	(1)
Distinguishing Between Consent Searches and Waivers of Fourth Amendment Rights	337	(1)
Question of Authority Is Governed by the Standard of Reasonableness	337	(1)
Police Officers Must Make Reasonable Inquiries to Determine Whether Third Party Possesses Apparent Authority	337	(2)
Third Party Consent May Be Based on Actual But Not Apparent Authority	339	(1)
Difference Between Mistakes of Fact and Mistakes of Law	339	(1)
Scope of Consent	339	(1)
Officer Must Reasonably Believe That the Defendant Consented to the Area Searched	340	(1)
Florida v. Jimeno	340	(1)
Distinguishing Between the Bag Found in the Car and a Locked Briefcase	340	(1)
Ambiguity Regarding the Scope of the Consent Is Construed Against the Citizen	340	(1)
Consent to Search Does Not Permit the Destruction Or Mutilation of the Area Searched	341	(1)
Removing Car Door Panels May Be Within the Scope of Consent	341	(1)
Construing the Scope of Consent for Body Searches After Jimeno	341	(1)
Revoking Consent	342	(1)
Withdrawal or Limitation of Consent	342	(1)
Refusal to Give Written Consent Does Not Revoke an Oral Consent	342	(3)
Eavesdropping and the Use of Secret Agents	345	(6)
The Law on Electronic Surveillance Prior to Katz	346	(1)
Olmstead	346	(1)
Dissent in Olmstead	346	(1)
Development of Trespass Doctrine	346	(1)
Katz ``Reasonable Expectation of Privacy'' Doctrine	347	(1)
Reasoning in Katz	347	(1)
Electronic Surveillance After Katz	347	(1)
Publishing Illegal Communications	347	(1)
The Usa Patriot Act	348	(1)
Use of Secret Agents	348	(3)
Assumption of Risk	348	(1)
Limitation on Assumption of Risk	349	(2)
Remedies for Fourth Amendment Violations	351	(74)
Introduction	353	(10)
Historical Development	353	(1)
The Weeks Rule	353	(1)
Rationale	353	(1)
Fruits	354	(1)
Wolf v. Colorado	354	(1)
Dissent In Wolf	355	(1)
Due Process Violations	355	(1)
Mapp v. Ohio	355	(1)
Dissent in Mapp	355	(1)
The Exclusionary Rule Is Not Required by the Fourth Amendment	356	(1)
Rationale	356	(1)
Response	357	(1)
Applicability to the States	357	(1)
Possibility of Congressional Action	358	(1)
The Cost-Benefit Analysis of the Exclusionary Rule	358	(1)
Arguments Against the Exclusionary Rule: The Costs Outweigh the Benefits	358	(1)
Arguments in Favor of the Exclusionary Rule: The Benefits Outweigh the Costs	359	(2)
Current Supreme Court Position	361	(1)
Alternatives to the Exclusionary Rule	361	(1)
Civil Damage Actions	361	(1)
``Fortified'' Tort Remedy	362	(1)
Criminal Prosecution of Offending Officers	362	(1)
Police Regulations and Departmental Discipline	362	(1)
Standing to Invoke the Exclusionary Rule	363	(11)
Fourth Amendment Rights Are Personal	363	(1)
Deterrent Effect	363	(1)
Supervisory Power	364	(1)
Reasonable Expectation of Privacy	364	(1)
Two--Pronged Test	364	(1)
Burden on Defendant	365	(1)
Different Application From Katz Situation	365	(1)
``Legitimately on the Promises'' Test Rejected	365	(1)
Target Theory Rejected	366	(1)
Deterrent Effect	366	(1)
Application of Expectation Test to the Facts of Rakas	366	(1)
Result in Jones Remains Sound	366	(1)
Standing to Contest the Seizure	367	(1)
Owners	367	(1)
Permissive Use	368	(1)
Overnight Guests	368	(1)
``Business'' Guests	369	(1)
Rationale	369	(1)
Dissent	369	(1)
Possessory Interest In Items Seized Is Insufficient	370	(1)
Bailment Relationships	370	(1)
Objecting to the Seizure	371	(1)
Disassociation With the Object of the Search	371	(1)
Express Disassociation	372	(1)
Disavowal by Conduct	372	(1)
Co--Conspirator Standing	372	(1)
Automatic Standing	373	(1)
Rationale of Jones	373	(1)
Simmons Rule	373	(1)
Automatic Standing Doctrine Abolished	373	(1)
Prosecutorial Inconsistency	374	(1)
Risk of Impeachment	374	(1)
Exclusion of ``The Fruit of the Poisonous Tree''	374	(24)
Introduction	374	(1)
Exclusionary Rule Applies to ``Tainted'' Evidence	375	(1)
Standing Requirement Must Be Met	375	(1)
Attenuation	376	(1)
Wong Sun	376	(1)
Possible ``Fruits'' in Wong Sun	376	(1)
Test of Causation	376	(1)
Application to the Facts of Wong Sun---Toy's Statement	377	(1)
Use of Narcotics Against Toy	377	(1)
Use of Narcotics Against Wong Sun	378	(1)
Use of Confession Against Wong Sun	378	(1)
Confessions and Miranda Warnings	378	(1)
Miranda Warnings Do Not Per Se Break the Chain of Causation	379	(1)
Miranda Warnings Are Relevant	379	(1)
Application to the Facts in Brown	379	(1)
Burden on Government	380	(1)
Progeny of Brown	380	(1)
Rawlings	381	(1)
Confession Made Outside the Home Is Not the Fruit of a Payton Violation	381	(1)
Analysis in Harris	381	(1)
No Retreat From Brown	382	(1)
Seizure of Evidence in the Home in the Course of a Payton Violation	382	(1)
Confessions in the Home	382	(1)
Abandonment During the Course of or After an Illegal Search or Seizure	383	(1)
Calculated or Spontaneous	383	(1)
Criteria for Attenuation	384	(1)
Impact of the Illegality on the Defendant	384	(1)
Intervening Circumstances	384	(1)
Temporal Proximity	384	(1)
Purpose and Flagrancy of the Misconduct	384	(1)
Testimony of Live Witnesses	385	(1)
Ceccolini	385	(1)
Willingness to Testify Is Likely to Purge the Taint	385	(1)
Application to the Facts of Ceccolini	386	(1)
No Per So Rule	386	(1)
Identifications	387	(1)
Independent Source	388	(1)
Rationale	388	(1)
Search With a Warrant After an Illegal Entry	388	(1)
Rediscovered Evidence Can Be Admissible	389	(1)
Danger of Confirmatory Searches	389	(1)
Protection Provided by Murray	390	(1)
Officer's Assurance Not Sufficient	390	(1)
Application to the Facts of Murray	390	(1)
Dissent in Murray	391	(1)
Direct/Indirect Distinction Rejected	391	(1)
Mixed Affidavits	392	(1)
Inevitable Discovery	392	(1)
Rationale	393	(1)
Inevitability Must Be Shown by a Preponderance	393	(1)
Applies to Fourth Amendment Violations	393	(1)
Primary Evidence	394	(1)
Open Question	394	(1)
One View---Williams Analysis Requires Application of Inevitable Discovery Exception to Primary Evidence	395	(1)
Contrary View---Primary Evidence Must Be Excluded Even If It Would Have Been Discovered Through Legal Means	395	(1)
Distinction From Independent Source Exception	396	(1)
Inevitability, Not Possibility	397	(1)
Focus on What Would Have Been Done	397	(1)
Legal Means Must Derive From Facts Independent of Illegal Search or Seizure	397	(1)
Active Pursuit	398	(1)
``Collateral Use'' Exceptions to the Exclusionary Rule	398	(13)
Introduction	398	(1)
Grand Jury	398	(1)
Rationale	399	(1)
Dissent	399	(1)
Sentencing	399	(1)
Rationale	400	(1)
Search or Seizure for Express Purpose of Enhancing a Sentence	400	(1)
Forfeiture Proceedings	401	(1)
Proof of Criminal Violation Through Other Means	401	(1)
Owner Not Entitled to Return of Contraband	401	(1)
Deportation Proceedings	402	(1)
Rationale	402	(1)
Dissent	403	(1)
Civil Tax Proceedings	403	(1)
Rationale	403	(1)
Search by Same Sovereign	403	(1)
Parole Revocation	404	(1)
Rationale	404	(1)
Dissent	405	(1)
Habeas Corpus Proceedings	405	(1)
Rationale	405	(1)
Full and Fair Opportunity	406	(1)
Definition of Full and Fair Opportunity	406	(1)
Narrow Exception	406	(1)
Ineffective Assistance	406	(1)
Impeachment	407	(1)
Rationale	407	(1)
Impeachment of Testimony First Brought Out on Cross--Examination	408	(1)
Facts of Havens	408	(1)
Analysis in Havens	408	(1)
Dissent in Havens	408	(1)
Exclusionary Rule Prevents Impeachment of Defendant's Witnesses With Illegally Obtained Evidence	409	(1)
Facts of James	409	(1)
Analysis in James	409	(1)
Dissent in James	410	(1)
Subsequent Perjury Trials	410	(1)
Rationale	411	(1)
Search Following the Perjured Testimony	411	(1)
The ``Good Faith'' Exception to the Exclusionary Rule	411	(14)
The Leon Case	411	(1)
Facts of Leon	412	(1)
Holding in Leon	412	(1)
Rationale---Officer Who Did Nothing Wrong Cannot Be Deterred	412	(1)
Can the Magistrate Be Deterred From Issuing Invalid Warrants?	413	(1)
Dissent in Leon	413	(1)
Objective Reasonableness	414	(1)
Room for Reasonable Minds to Differ	414	(1)
Clearly Established Law	414	(1)
Exceptions to the Good Faith Exception	415	(1)
Misleading Information	415	(1)
Abandonment of Judicial Role	415	(1)
Abandonment Must Be Known by Police	416	(1)
Abandonment Other Than by Participation in the Search	416	(1)
Affidavit Clearly Insufficient to Establish Probable Cause	416	(1)
Facially Deficient Warrant	417	(1)
Sheppard	417	(1)
Lack of Particularity	418	(1)
Unreasonable Execution of the Warrant	419	(1)
Reliance on Unconstitutional Legislation	419	(1)
Rationale	419	(1)
Dissent	419	(1)
Unreasonable Reliance on Unconstitutional Legislation	420	(1)
Abdicating the Legislative Role	420	(1)
Statute Clearly Unconstitutional	420	(1)
Misinterpretation of Legislation	420	(1)
Mistakes by Court Clerical Personnel	421	(1)
The Good Faith Exception and Warrantless Searches and Seizures	421	(1)
Rationale of Leon May Preclude Extension to Warrantless Searches and Seizures	422	(1)
Some Language in Leon May Be Applicable to Warrantless Search Situations	422	(1)
Reasonable Reliance on a Warrant Based on Illegally Obtained Information	423	(1)
Split in Courts	423	(2)
The Privilege Against Self--Incrimination	425	(28)
Introduction	427	(3)
The Policies of the Privilege Against Self--Incrimination	427	(1)
Protection of the Innocent	427	(1)
The Cruel Trilemma	427	(1)
Limiting Perjury	427	(1)
Unreliability of Coerced Statements	427	(1)
Preference for Accusatorial System	428	(1)
Need to Deter Improper Police Practices	428	(1)
Fair State--Individual Balance	428	(1)
Preservation of Official Morality	428	(1)
Privacy Rationale	428	(1)
First Amendment Rationale	429	(1)
Scope of the Privilege	429	(1)
Compulsion by the State	429	(1)
Witness Against Himself	429	(1)
Testimonial or Communicative Act	429	(1)
Legitimate Risk of Harm	429	(1)
Must Be Personal	429	(1)
Use in a Criminal Case	429	(1)
Proceedings in Which the Privilege Applies	430	(2)
Compulsion in Any Proceeding Where Testimony May Be Used in a Criminal Case	430	(1)
Ultimate Use in a Criminal Case	430	(1)
The Use of Compelled Testimony Outside of a Criminal Case Does Not Implicate the Fifth Amendment	431	(1)
What Is a Criminal Case?	431	(1)
Sexually Dangerous Persons Act	431	(1)
Legislative Intent Is Crucial	431	(1)
Criminal Law Objectives	431	(1)
Foreign Prosecutions	432	(1)
What Is Compulsion?	432	(5)
Use of Contempt Power	432	(1)
Other State-Imposed Sanctions	432	(1)
Economic Sanctions for Invoking the Privilege	432	(1)
The Fifth Amendment Does Not Protect Against the Use of Immunized Testimony Outside of a Criminal Case	433	(1)
Use in a Civil Case	433	(1)
Compulsion in the Prison Context	433	(1)
Clemency Hearings	433	(1)
Prison Treatment Programs	434	(1)
Comment on the Invocation of the Privilege	435	(1)
Argument That Evidence Is Uncontradicted May Be Compulsion	435	(1)
Invited Comment	435	(1)
Adverse Inference at a Sentencing Hearing	435	(1)
Adverse Inference in a Civil Case	436	(1)
Compulsion and the ``Exculpatory No'' Doctrine	436	(1)
Identifying the Holder of the Privilege	437	(1)
The Privilege Is Personal	437	(1)
Attorneys May Not Claim Privilege for Their Client	437	(1)
Subpoena Served Upon Accountant to Produce Taxpayer's Records Does Not Violate the Fifth Amendment	437	(1)
Subpoena Served Upon Attorney to Produce Client's Documents Does Not Violate the Fifth Amendment	437	(1)
Business Entities	437	(1)
Collective Entity Rule	437	(1)
No Matter What the Entity	438	(1)
Personal Privilege	438	(1)
The Fifth Amendment Protects Sole Proprietorships	438	(1)
Information Protected by the Privilege	438	(10)
Evidence Is Not Protected Unless It Is Testimonial	438	(1)
The Cruel Trilemma	439	(1)
Schmerber v. California	439	(1)
Extending Schmerber	439	(1)
Pennsylvania v. Muniz	439	(1)
The Slurred Speech	440	(1)
The Sobriety Test	440	(1)
The Sixth Birthday Question	440	(1)
The Sixth Birthday Question and the Cruel Trilemma	441	(1)
A Statement Must Be Capable of Being True or False in Order to Be Testimonial	441	(1)
Refusal to Supply Physical Evidence	441	(1)
Documents	442	(1)
Types of Testimony Compelled by a Subpoena for Documents: Content of Documents and the Act of Production	442	(1)
Content of Documents	442	(1)
Act of Production	443	(1)
What Does the Act of Production Communicate and When Is It Incriminating?	443	(1)
Admitting That the Documents Exist	443	(1)
Admitting Possession and Control of Documents	444	(1)
Admitting That the Documents Are the Ones Demanded by the Government: Authentication	444	(1)
Foregone Conclusion	444	(1)
Content of Personal as Opposed to Business Documents	444	(1)
Document Production, Incrimination, and Immunity	445	(1)
Compelling Agents of Business Entities to Produce Documents: The Collective Entity Rule	445	(1)
Braswell	446	(1)
Reasoning in Braswell	446	(1)
Nonconstitutional Agency Analysis	446	(1)
Oral Testimony Distinguished	447	(1)
Required Records	447	(1)
Legitimate Administrative Purpose	448	(1)
California v. Byers	448	(1)
Procedural Aspects of Self--Incrimination Claims	448	(5)
Determining the Risk of Incrimination	448	(1)
Possibility, Not Likelihood of Criminal Sanction	449	(1)
``Stop and Identify'' Statutes	449	(1)
The Risk of Incrimination and Denial of Guilt	449	(1)
Assertion of the Privilege	450	(1)
Immunity	450	(1)
Transactional Immunity	450	(1)
Use and Derivative Use Immunity	450	(1)
Prosecution Is Still Possible	451	(1)
Government's Burden	451	(1)
Witnesses Should Not Have Access to Immunized Testimony	451	(1)
Waiver of the Privilege	451	(1)
Subject Matter Test	451	(2)
Self--Incrimination and Confessions	453	(96)
Confessions and Due Process	455	(6)
The Due Process Clause Prohibits the Admission of an Involuntary Confession	455	(1)
Evolution of Due Process	455	(1)
Little Precedential Value	455	(1)
Reliability Is Not the Only Concern	455	(1)
Continuing Viability of the Due Process Test	456	(1)
The Prohibition Against Admission of a Confession That Is Extracted by Physical Coercion	456	(1)
Rationale	456	(1)
Psychological Coercion	457	(1)
Case-by-Case Approach	457	(1)
Spano v. New York	457	(1)
Rationale	458	(1)
A Proposed Right to Counsel	458	(1)
Debate Over Right to Counsel	458	(1)
Threats of Violence	459	(1)
Rationale	459	(1)
Relevant Factors	459	(1)
Actual Violence Not Required	460	(1)
Some Police Coercion Is Required	460	(1)
Rationale	460	(1)
Deterrence	461	(1)
Harmless Error	461	(1)
An Involuntary Confession Is Not Admissible at Trial for Any Purpose	461	(1)
The Special Federal Standard for Confessions	461	(2)
Delay in Presentment: The McNabb--Mallory Rule	461	(1)
Rationale	462	(1)
Nature of Delay	462	(1)
Demise of the McNabb--Mallory Rule	462	(1)
Relationship to Miranda	462	(1)
The Congressional Approach: 18 U.S.C. § 3501	463	(1)
Confessions and the Sixth Amendment Before Miranda	463	(2)
The Prohibition on ``Deliberate Elicitation'' of Incriminating Statements From Indicted Defendants	463	(1)
Rationale	463	(1)
Critical Stage	464	(1)
Need for Undercover Activity	464	(1)
Dissent	464	(1)
``Deliberate Elicitation'' of a Confession From an Unindicted Suspect Who Asks to See His Retained Counsel	464	(1)
Confessions and the Fifth Amendment	465	(64)
Miranda v. Arizona	465	(1)
Rationale	465	(1)
Custodial Interrogation Constitutes Fifth Amendment Compulsion	465	(1)
Interrogation Techniques	466	(1)
Not Involuntary Under the Due Process Clause, but Compelled Under the Fifth Amendment	466	(1)
The Fifth Amendment Privilege Against Self--Incrimination Applies to Custodial Interrogation	467	(1)
The Miranda Safeguards	467	(1)
The Warnings	467	(1)
Functions of the Warnings	467	(1)
Second-Tier Safeguards	468	(1)
Honoring the Suspect's Rights: The Right to Silence	468	(1)
Honoring the Suspect's Rights: The Right to Consult Counsel	468	(1)
The Miranda Right to Counsel Distinguished From the Sixth Amendment Right to Counsel	468	(1)
Waiver of Miranda Rights	469	(1)
Sufficient Proof of Waiver	469	(1)
Insufficient Proof of Waiver	469	(1)
Evidence That Negates Waiver	469	(1)
Triggering of the Safeguards	470	(1)
Miranda Is Not a ``Constitutional Straightjacket''	470	(1)
The Miranda Requirements and Law Enforcement Goals	470	(1)
Dissent	470	(1)
Justice Clark's Dissent	470	(1)
Justice Harlan's Dissent	471	(1)
Justice White's Dissent	472	(1)
Perspective	473	(1)
Miranda as the Definitive Solution for the Problems Presented by Custodial Interrogation	473	(1)
The Need for Further Judicial Definition of Miranda Concepts, and for Case-by-Case Application of These Definitions	473	(1)
The Miranda Compromise	474	(1)
Is Miranda a Constitutional Rule?	474	(1)
Interpreting the Language of Miranda	474	(1)
A Congressional Attempt to Overrule Miranda	475	(1)
Dickerson v. United States: Miranda's Constitutional Status	475	(1)
Procedural History	475	(1)
Congress' Authority	476	(1)
Miranda's Applicability to the States	476	(1)
The Language of Miranda	476	(1)
Post--Miranda Cases	476	(1)
Miranda Affirmed	477	(1)
Dissent	477	(1)
Miranda and Impeachment	477	(1)
Miranda-Defective Statements May Be Used to Impeach a Defendant Who Takes the Stand at Trial	477	(1)
Defendant Who Takes the Stand at Trial	477	(1)
Rationale	478	(1)
Consequences of Analysis in Harris	478	(1)
Continued Affirmation of the Harris Rule	478	(1)
Rationale	479	(1)
Dissent	479	(1)
Miranda--Defective Confessions Cannot Be Used to Impeach Defense Witnesses	479	(1)
Involuntary Confessions Cannot Be Used for Impeachment	480	(1)
Impeachment with Post-Miranda Silence	480	(1)
Rationale	480	(1)
Due Process, Not Fifth Amendment	480	(1)
Dissent	481	(1)
Limitations of Due Process Analysis	481	(1)
Continued Affirmation of Doyle	481	(1)
Doyle and the Insanity Defense	481	(1)
Post--Warning Statements Inconsistent With Later Trial Testimony	482	(1)
No Evidence of Silence	482	(1)
Impeachment with Pre-Miranda Silence	482	(1)
Silence Before Arrest	482	(1)
Rationale	483	(1)
Dissent	483	(1)
Silence After Arrest	483	(1)
The Admissibility of the Fruits of Miranda-Defective Confessions	484	(1)
Identity of a Witness as a Fruit of a Miranda Violation	484	(1)
Subsequent Confession as the Fruit of a Miranda Violation	485	(1)
The Fruits of Involuntary Confessions Are Excluded	485	(1)
Subsequent Confession Excluded if It Is Obtained Involuntarily	486	(1)
Second Confession Not Involuntary in Elstad	486	(1)
``Cat Out of the Bag'' Warning Not Required	486	(1)
Balancing Approach	487	(1)
Dissent	487	(1)
Other Types of Miranda Violations	487	(1)
Post-Dickerson Elstad Jurisprudence	488	(1)
The Fruit of An Intentional Miranda Violation	488	(1)
Physical Evidence as the Fruit of a Miranda Violation	488	(1)
The ``Voluntary, Knowing, and Intelligent'' Waiver of Miranda Rights	489	(1)
A Waiver Need Not Be ``Express''	490	(1)
Rationale	490	(1)
Dissent	490	(1)
The Government Has the Burden of Proving Waiver	490	(1)
Insufficient Proof of Suspect's Understanding of Warnings	490	(1)
Proof Required that Suspect Understood His Rights and Voluntarily Waived Them	491	(1)
Voluntariness Aspect of Waiver Is the Same as the Due Process Test for Confessions	491	(1)
The Mentally III Defendant's Ability to Make a ``Knowing'' Waiver	491	(1)
A ``Conditional'' Waiver May Be ``Knowing and Voluntary''	492	(1)
The Miranda Warnings Give the Suspect All the Information That Is Necessary to Make a Knowing Waiver	492	(1)
A Suspect Need Not Be Informed of All the Subjects of the Interrogation Before Making a Waiver	492	(1)
A Suspect Need Not Be Informed That a Prior Unwarned Confession Would Be Inadmissible at Trial	493	(1)
A Suspect Need Not Be Informed That an Attorney Is Trying to Consult With Him	493	(1)
Upsetting the Miranda Compromise	494	(1)
Affirmative Misrepresentation	494	(1)
Deceiving the Attorney, and the Attorney's Role in Miranda	495	(1)
Preponderance of the Evidence	495	(1)
Rationale	495	(1)
Dissent	496	(1)
Waiver and the Resumption of Questioning After Invocation of Rights	496	(1)
Police May Obtain a Waiver From a Suspect Following His Invocation of the Right to Remain Silent	496	(1)
Rationale	496	(1)
Momentary Cessation	496	(1)
Applied to Facts of Mosley	497	(1)
Mosley's Application to Different Factual Settings	497	(1)
Knowing and Voluntary Waiver Must Still Be Found	497	(1)
The Right to Silence Must Be Clearly Invoked	498	(1)
Request to See a Third Party Is Not an Invocation of the Right to Silence	498	(1)
Waiver After the Invocation of the Right to Counsel	498	(1)
Rationale	499	(1)
Distinction From Mosley	499	(1)
Bright-Line Rule	500	(1)
Two Step Approach	500	(1)
When Does the Suspect ``Initiate'' Re-interrogation?	500	(1)
A Suspect's Request for a Polygraph Examination Constitutes Initiation	500	(1)
Suspect's Desire for Generalized Discussion About the Crime	501	(1)
Knowing and Voluntary Waiver	501	(1)
Dissenting View	502	(1)
Post--Bradshaw Applications of the ``Initiation'' Rule	502	(1)
Ambiguous ``Invocation'' of the Right to Counsel	502	(1)
Interrogating on Unrelated Crimes After a Suspect Invokes His Right to Counsel	503	(1)
Rationale	503	(1)
Information Permissible	504	(1)
Dissent	504	(1)
Request for Counsel at an Initial Appearance in Court	504	(1)
Rationale	505	(1)
Dissent	505	(1)
Anticipatory Invocation of the Miranda--Edwards Right to Counsel	505	(1)
Police--Initiated Interrogation After the Suspect Has Consulted With Counsel	506	(1)
Rationale	506	(1)
Dissent	507	(1)
Incomplete or Ambiguous Miranda Warnings	507	(1)
The Miranda Warnings Need Not Inform a Suspect Explicitly of the Right to Have an Attorney Appointed Before Further Questioning	507	(1)
Rationale	507	(1)
Dissent	508	(1)
Warnings Need Only Reasonably Convey the Necessary Information	508	(1)
Rationale	508	(1)
Prophylactic Rules	508	(1)
Totality of Warnings	508	(1)
Implying That Appointed Counsel Is Optional With the Authorities	509	(1)
The Meaning of ``Custody''	509	(1)
Custody Outside the Stationhouse	510	(1)
Rationale	510	(1)
When Custody Does Not Exist Outside the Stationhouse	510	(1)
``Focus'' on the Suspect Does Not Equal Custody	511	(1)
Objective Test	511	(1)
Custody in Prison	512	(1)
Rationale	512	(1)
No Automatic Rule	512	(1)
More Than Usual Restraint	512	(1)
No Automatic Rule of Custody for Stationhouse Interrogation	513	(1)
Rationale	513	(1)
Dissent	513	(1)
When a Suspect is Asked to Accompany Police to the Stationhouse	514	(1)
When a Suspect is Driven to the Stationhouse by His Parents	514	(1)
Custody Does Not Exist Simply Because a Suspect Is Required to Meet With a Government Official or Body	515	(1)
Three Distinguishing Factors	515	(1)
Custody Does Not Exist When a Person Is Called to Testify Before a Grand Jury	515	(1)
Custody Does Not Exist During a Normal Traffic Stop	516	(1)
Rationale	516	(1)
More Coercive Activity May Lead to a Finding of Custody	516	(1)
Applied to the Facts	516	(1)
The Meaning of ``Interrogation''	517	(1)
Police Tactics Reasonably Likely to Elicit an Incriminating Response	517	(1)
Definition of Interrogation	517	(1)
More Than Express Questioning	517	(1)
Relevance of Police Intent	518	(1)
The Average Suspect and Peculiar Susceptibility	518	(1)
Applied to the Facts	519	(1)
Justice Marshall's Dissent In Innis	519	(1)
Mere Possibility That the Suspect Might Incriminate Himself Does Not Mandate a Finding of Interrogation	520	(1)
Rationale	520	(1)
Relevant Factors	520	(1)
Confrontation With Incriminating Evidence as a Form of Interrogation	521	(1)
Distinction From the Ploy in Innis	521	(1)
Not a Universal Rule	521	(1)
Direct vs. Indirect Statements	522	(1)
Questions Attendant to Custody Are an Exception	522	(1)
Applied to the Facts	522	(1)
Limits of the ``Booking Exception''	523	(1)
Instructions and Questions Necessary for Custodial Procedures
Rationale	523	(1)
Scope	523	(1)
The Application of Miranda to Undercover Police Activity	524	(1)
Rationale	524	(1)
Dissent	524	(1)
Misdemeanors and Miranda	524	(1)
Rationale	525	(1)
The ``Public Safety Exception'' to Miranda	525	(1)
Rationale	525	(1)
Cost--Benefit Analysis	526	(1)
Going Away From the Bright--Line Rule	526	(1)
Applied to the Facts	526	(1)
Justice O'Connor's Opinion	526	(1)
Dissent	527	(1)
Exigent Circumstances	527	(1)
Subject Matter Limitation on Questioning	527	(2)
Confessions and the Sixth Amendment After Miranda	529	(20)
Brewer v. Williams: Deliberate Elicitation of Incriminating Statements From a Formally Charged Defendant	529	(1)
Facts of Brewer	529	(1)
Rationale	530	(1)
Deliberate Elicitation After a Formal Charge	530	(1)
No Waiver	530	(1)
Unethical Behavior as the Touchstone of Sixth Amendment Analysis	531	(1)
Affirmation of the Brewer--Massiah Rule	532	(1)
Must Be Formally Charged; Having Counsel Is Not Enough	532	(1)
``Deliberate Elicitation'' Distinguished from ``Interrogation''	532	(1)
Sixth Amendment Waiver	533	(1)
Waiver After Invoking the Right to Counsel at Arraignment	533	(1)
Rationale	533	(1)
Lack of Police Knowledge Irrelevant	534	(1)
Dissent	534	(1)
Police--Initiated Interrogation Where the Accused Does Not Invoke the Sixth Amendment Right to Counsel	534	(1)
Sixth Amendment Right to Counsel Is Offense--Specific	535	(1)
Jackson--Edwards Rule Against Police--Initiated Interrogation Held Inapplicable	535	(1)
Rationale	535	(1)
Sixth Amendment Right Inapplicable to ``Closely Related'' Charges	536	(1)
Rationale	536	(1)
Applying the Blockburger Test	536	(1)
Dissent	537	(1)
The Miranda Warnings Adequately Inform an Indicted Defendant of the Sixth Amendment Right to Counsel	537	(1)
Rationale	538	(1)
Distinction From Waiver of Counsel at Trial	538	(1)
Dissent	538	(1)
Indictment Warning	539	(1)
Two Exceptions Where Waiver Standards May Differ	539	(1)
Lawyer Trying to Reach an Indicted Defendant	539	(1)
Undercover Activity	540	(1)
The Meaning of ``Deliberate Elicitation''	540	(1)
Obtaining Information Through Jailhouse Informants	540	(1)
Rationale	541	(1)
Conduct Likely to Elicit Incriminating Information Is Deemed Deliberate	541	(1)
Undercover Activity; Distinction From Miranda	541	(1)
Meeting Initiated by the Indicted Defendant	542	(1)
Use of a ``Listening Post'' Does Not Constitute Deliberate Elicitation	542	(1)
Rationale	543	(1)
Applied to the Facts	543	(1)
Dissent	543	(1)
Defining the Scope of the Government's Agency Relationship With an Informant	544	(1)
Deliberate Elicitation and Continuing Investigations	544	(1)
Rationale	545	(1)
Deliberate Elicitation Found From Likely Consequences	545	(1)
The Sixth Amendment Exclusionary Rule	546	(1)
A Statement Obtained in Violation of a Prophylactic Rule May Be Used to Impeach a Defendant's Credibility at Trial	546	(1)
Constitutional Status of Sixth Amendment Exclusionary Rule Left Open	547	(1)
Does the Constitution Require Exclusion of a Confession Obtained In Violation of the Sixth Amendment?	547	(2)
Constitutional Limits on Identification Evidence	549	(16)
Introduction	550	(1)
Post-Charge Identifications	550	(4)
The Wade--Gilbert Rule	550	(1)
Critical Pre-trial Stage	550	(1)
Observer Status of Counsel	551	(1)
Substitute Counsel	551	(1)
``Per Se'' Exclusion	552	(1)
In-Court Identification and Independent Source	552	(1)
Relevant Factors	553	(1)
Dissent	554	(1)
Pre--Charge Identifications	554	(3)
Kirby	554	(1)
Rationale	554	(1)
Adversarial Proceedings	554	(1)
Dissent	555	(1)
Application of the Sixth Amendment Right to Counsel After Kirby	555	(1)
Delaying Indictment	555	(1)
Charge--Specific	555	(1)
Photographic Identification	556	(1)
Rationale	556	(1)
Dissent	556	(1)
Video Identifications	556	(1)
Due Process Limitations on Suggestive Identifications	557	(8)
Two--Factor Test	557	(1)
Exigent Circumstances	557	(1)
Rarely Applied Exception	558	(1)
Street Identifications	558	(1)
The Linchpin of Reliability	558	(1)
Relevant Factors in Determining the Reliability of an Identification	559	(1)
Degree of Police Suggestiveness	559	(1)
Opportunity to View	559	(1)
Degree of Attention	560	(1)
Accuracy of the Description	560	(1)
Level of Certainty	560	(1)
The Time Between the Pre-identification Opportunity to View and the Identification Itself	561	(1)
Character of the Witness	561	(1)
Totality of the Circumstances	561	(1)
If Pre-trial Identification Is Excluded, Trial Identification Is Excluded as Well	562	(1)
Trial Identification Governed by the Same Due Process Standard	563	(1)
Examples of Due Process Identification Cases	563	(1)
Identifications Excluded	563	(1)
Identifications Found Reliable Under the Totality of Circumstances	564	(1)
The Right to Counsel	565	(80)
The Basic Right to Counsel	567	(3)
The Right to Retained Counsel of Choice	567	(1)
Qualified Right	567	(1)
The Right to Appointed Counsel for Indigent Defendants	567	(1)
The Definition of ``Indigency''	568	(1)
No Constitutional Right to Appointed Counsel of Choice	568	(1)
The Definition of a ``Criminal Prosecution'' Where Counsel Rights Apply	568	(1)
When ``Adversarial Judicial Proceedings'' Begin	569	(1)
The Definition of ``Critical Stage''	569	(1)
Confessions and the Right to Counsel	570	(1)
Due Process and the Right of Adequate Access	570	(2)
Counsel for Non--critical Stages	570	(1)
The Right to Counsel on Appeal	570	(1)
The Right to Effective Assistance of Counsel on Appeal	571	(1)
The Role of Appellate Counsel Who Feels That the Appeal Has No Merit	571	(1)
Due Process Right to Tools With Which to Prepare an Effective Case at Trial and on Appeal	571	(1)
The Right to a Trial Transcript	571	(1)
The Right to Obtain Expert Witnesses for Trial	572	(1)
The Rights of Indigent Prisoners to Tools for Appeal in Lieu of Counsel	572	(1)
Jailhouse Lawyers	572	(1)
Prison Libraries	572	(1)
Effective Assistance of Counsel	572	(16)
Introduction	572	(1)
Applies to Appointed and Retained Counsel	572	(1)
Applies to Trial, Sentencing, and Other Critical Stages	573	(1)
Inapplicable Where Right to Counsel Does Not Apply	573	(1)
Strickland	573	(1)
Deficient Performance	573	(1)
Prejudice	574	(1)
``Reasonable Probability'' Standard	574	(1)
Strict Test	574	(1)
Elements of Competence	575	(1)
Investigation	575	(1)
Information Provided by the Defendant	575	(1)
Limitations on Investigation	575	(1)
Presentation	576	(2)
Decisions Based on Errors of Law	578	(1)
Prejudice	579	(1)
Strength of the Government's Case	579	(1)
Weakness of the Government's Case	580	(1)
No Right to a Lawless or Improper Verdict	580	(1)
Per Se Prejudice	581	(1)
Limited Exception	581	(1)
Total Denial of ``Counsel''	582	(1)
Ineffectiveness and Prejudice May Still Be Found on the Facts	582	(1)
Multiple Representation	583	(1)
Per Se Reversal If No Hearing Held After Risk of Conflict is Brought to the Judge	584	(1)
Limited Presumption	584	(1)
Conflict May Be Waived	585	(1)
Waiver Does Not Bind the Court	586	(1)
Judicial Discretion	586	(1)
Ineffective Assistance Through No Fault of Defense Counsel	587	(1)
Per Se Reversal	587	(1)
Line--Drawing	587	(1)
The Right to Self--Representation	588	(7)
Faretta	588	(1)
Policy Arguments Supporting the Right to Self--Representation	588	(1)
Right of Free Choice	588	(1)
Strategic Benefit	588	(1)
Dissent	589	(1)
Self--Representation Requires Knowing Waiver of Right to Counsel	589	(1)
Invocation of Right to Self--Representation Must Be Unequivocal	589	(1)
Tension Between Rights to Counsel and Self--Representation Requires an Unequivocal Waiver of Counsel	590	(1)
Need Not Know Rules of Evidence and Trial Practice	590	(1)
Defendant Must Be Competent	591	(1)
Limitations on the Right of Self--Representation	591	(1)
Disruption of the Trial	591	(1)
Treated Like a Lawyer	591	(1)
Standby Counsel	591	(1)
Limits of Standby Counsel	592	(1)
Procedural Problems	593	(1)
No Right to Standby Counsel	593	(1)
No Right to Hybrid Relationship of Counsel and Self--Representation	593	(1)
Election Must Be Timely	594	(1)
Faretta Violation Cannot Be Harmless	594	(1)
APPENDICES
A. Criminal Procedure---Sample Examinations	595	(10)
B. Criminal Procedure---Sample Answers	605	(14)
C. Glossary	619	(8)
D. Text Correlation Chart	627	(4)
E. Table of Cases	631	(14)
F. Index	645