Preface | p. xi |
About the Author | p. xiii |
Case Citation Guide | p. xv |
Sample Case Citations | p. xvii |
Tables of cases | p. xix |
History, Structure, and Content of the United States Constitution | p. 3 |
Section | |
History of the United States Constitution | p. 5 |
-Early Steps Toward National Unity | p. 5 |
-Articles of Confederation | p. 5 |
-Drafting the United States Constitution | p. 6 |
-Ratification by the States | p. 6 |
-Structure and Content of the Constitution | p. 7 |
-Separation of the Powers of the National Government | p. 9 |
-Division of Power between the National Government and the States | p. 10 |
-Powers Granted to the Federal Government | p. 12 |
-Powers the States Are Forbidden to Exercise | p. 17 |
-Sovereign Powers Retained by the States | p. 19 |
The Bill of Rights | p. 21 |
-Applying the Bill of Rights to the States Through the Fourteenth Amendment | p. 24 |
The Fourteenth Amendment as a Limitation on State Power | p. 25 |
-Due Process of Law | p. 26 |
-Equal Protection of the Laws | p. 31 |
Adjudication of Constitutional Questions | p. 36 |
Federal Remedies for Constitutional Abuses | p. 38 |
Summary | p. 39 |
Freedom of Speech | p. 41 |
Section | |
Historical Background | p. 43 |
Overview of Constitutional Protection for Speech and Expressive Conduct | p. 44 |
Is Speech Involved? | p. 47 |
First Amendment Distinction between a Speaker's Message and the Conduct Associated with Communicating It | p. 48 |
Punishing Speech Because of the Message | p. 50 |
-Obscenity and Child Pornography | p. 52 |
-Fighting Words | p. 56 |
-Threats | p. 58 |
-Incitement to Immediate Illegal Action | p. 59 |
-Hate Speech | p. 64 |
-Crude and Vulgar Speech | p. 65 |
-Commercial Speech | p. 67 |
Restraints on Speech Based on Considerations Other Than the Message | p. 67 |
Free Speech Access to Government Property: Public Forums and Nonpublic Forums | p. 68 |
-Protecting the Community from Nuisances Linked to Speech | p. 73 |
-Free Speech Access to Private Property | p. 79 |
-Need for Precision in Regulating Speech | p. 80 |
Summary | p. 83 |
Authority to Detain and Arrest; Use of Force | p. 87 |
Section | |
Introduction | p. 89 |
Overview of the Fourth Amendment | p. 90 |
Crossing the Boundary of the Fourth Amendment | p. 93 |
-"Free Zone" for Investigative Work | p. 94 |
-"Seizure" Defined | p. 95 |
-Fourth Amendment Grounds for a Lawful Seizure | p. 99 |
Investigatory Stops | p. 103 |
-Reasonable Suspicion | p. 107 |
-Scope and Duration of Investigatory Stops | p. 116 |
Traffic and Vehicle Stops | p. 124 |
-Pretextual Traffic Stops | p. 126 |
Requirements for a Constitutional Arrest | p. 135 |
-Probable Cause | p. 139 |
-Requirements for a Valid Arrest Warrant | p. 141 |
-Arrests Inside a Private Residence | p. 148 |
Use of Force in Making an Arrest or Other Seizure | p. 152 |
State Arrest Laws | p. 156 |
-Territorial Limits on a Police Officer's Arrest Authority | p. 159 |
Summary and Practical Suggestions | p. 161 |
Search and Seizure | p. 163 |
Section | |
Overview of the Law of Search and Seizure | p. 165 |
Analysis of the Investigation | p. 168 |
-Definition of a Search | p. 171 |
-Sources of Search Authority | p. 178 |
-Fourth Amendment Requirements for Seizing Property | p. 187 |
-The Fourth Amendment Search Warrant | p. 198 |
Searches Involving People and Personal Effects | p. 204 |
-The Terry Search Revisited | p. 206 |
-Search Following a Custodial Arrest | p. 209 |
Vehicle Searches | p. 216 |
-Search of Vehicles Pursuant to a Detention or Arrest | p. 218 |
-Search of Vehicles Based on Probable Cause ("Automobile Exception") | p. 226 |
-Inventory Searches of Impounded Vehicles | p. 230 |
Search of Protected Premises | p. 232 |
-Premises Protected by the Fourth Amendment | p. 234 |
-Entry and Search of Premises Under a Warrant | p. 238 |
-Entry and Search of Premises Without a Warrant | p. 243 |
The Exclusionary Rule | p. 250 |
Summary and Practical Suggestions | p. 258 |
Laws Governing Police Surveillance | p. 261 |
Section | |
Introduction to the Laws Governing Police Surveillance | p. 263 |
Fourth Amendment Foundation of Police Surveillance Law: The Katz Standard | p. 264 |
Application of the Katz Standard to Non-assisted Surveillance | p. 266 |
Application of the Katz Standard to Technologically Assisted Surveillance: An Overview | p. 271 |
-Electronic Tracking | p. 275 |
-Video Surveillance | p. 281 |
-Detection Devices | p. 285 |
The Wiretap Act | p. 290 |
-Scope of the Wiretap Act | p. 292 |
-Procedural Requirements for Intercepting Protected Communications | p. 295 |
Communication Surveillance Not Regulated by the Wiretap Act | p. 301 |
-Listening with the Unaided Ear | p. 301 |
-Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom from Interception | p. 302 |
-Interception Conducted with the Consent of a Party | p. 304 |
-E-mail, Voice Mail, and Text Messages | p. 305 |
-Pen Registers and Trap-and-Trace Devices | p. 307 |
Foreign Intelligence Surveillance Act | p. 308 |
Summary and Practical Suggestions | p. 311 |
Interrogations and Confessions | p. 313 |
Section | |
Introduction | p. 315 |
The Free and Voluntary Rule | p. 319 |
The Fourth Amendment Exclusionary Rule | p. 323 |
Overview of the Rules Governing Custodial Interrogation | p. 326 |
The McNabb-Mallory Delay in Arraignment Rule | p. 327 |
Protection for the Fifth Amendment Privilege Against Self-incrimination During Police Interrogations: The Miranda Rule | p. 330 |
-Custodial Interrogation Defined | p. 332 |
-Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waivers | p. 340 |
The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedings | p. 348 |
Use of Inadmissible Confession for Impeachment | p. 353 |
Restrictions on the Use of Derivative Evidence | p. 355 |
Restrictions on the Use of Confessions Given by Accomplices | p. 357 |
The Requirement of Corroboration of Valid Confessions | p. 358 |
Summary and Practical Suggestions | p. 359 |
Compulsory Self-incrimination | p. 363 |
Section | |
Introduction | p. 355 |
Fifth Amendment Protection Against Testimonial Self-Incrimination | p. 368 |
-Prerequisites for Application of the Fifth Amendment | p. 369 |
-Rules for Invoking and Waiving Fifth Amendment Protection | p. 373 |
-Protection Against Adverse Consequences from Exercising the Privilege Against Self-incrimination | p. 375 |
-Self-Reporting Laws and the Fifth Amendment | p. 376 |
Fourth Amendment Protection Against Bodily Self-incrimination | p. 377 |
--Requirements for Appearance Evidence | p. 378 |
-Requirements for Bodily Evidence | p. 381 |
-Necessity of a Search Warrant to Explore for Bodily Evidence | p. 384 |
-Strip Searches and Manual Body Cavity Searches | p. 387 |
Summary and Practical Suggestions | p. 391 |
Right to Counsel | p. 395 |
Section | |
Overview of the Sixth Amendment Right to Counsel | p. 397 |
-The Indigent Person's Right to Appointed Counsel | p. 398 |
-The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appeals | p. 401 |
-The Defendant's Right to Self-Representation | p. 403 |
-Ineffective Assistance of Counsel | p. 404 |
Sixth Amendment Restrictions on the Conduct of the Police | p. 406 |
Pretrial Identification Procedures | p. 409 |
-Fourth Amendment Limitations on Admission of Pretrial Identification Testimony | p. 411 |
-Due Process Requirements for Pretrial Identification Procedures | p. 412 |
-Right to Counsel During Pretrial Identification Procedures | p. 418 |
Summary and Practical Suggestions | p. 419 |
Trial and Punishment | p. 421 |
Section | |
Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Case | p. 423 |
The Fifth Amendment Double Jeopardy Prohibition | p. 424 |
-Prohibition of Multiple Prosecutions for the Same Offense | p. 425 |
-Prohibition of Multiple Punishments for the Same Offense | p. 430 |
Sixth Amendment and Due Process Requirements for Fair Trials | p. 432 |
-Speedy Trial | p. 432 |
-Public Trial | p. 437 |
-Confrontation of Adverse Witnesses | p. 438 |
-Fair and Impartial Tribunal | p. 439 |
-Pretrial Publicity | p. 441 |
-Trial by Jury | p. 448 |
-Preservation and Disclosure of Evidence Favorable to the Defense | p. 454 |
Eighth Amendment Requirements for Punishment | p. 460 |
-Constitutionally Acceptable Punishments | p. 460 |
-The Death Penalty | p. 462 |
-Eighth Amendment Protection Inside Prison Walls | p. 467 |
Summary and Practical Suggestions | p. 470 |
Constitutional Rights and Liabilities in the Workplace | p. 473 |
Section | |
Introduction | p. 475 |
First Amendment Protection for Work-Related Speech | p. 475 |
Fourth Amendment Protection Against Workplace Searches | p. 486 |
Fifth Amendment Protection Against Self-Incrimination | p. 494 |
Fourteenth Amendment Protection for a Police Officer's Personal Liberty | p. 496 |
Procedural Due Process in Police Disciplinary Actions | p. 500 |
Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin | p. 502 |
Equal Protection in the Police Workplace | p. 508 |
Constitutional Accountability Under Federal Law | p. 511 |
Summary | p. 516 |
Judicial Decisions and Statutes Relating To Part I | p. 519 |
Glossary | p. 709 |
Appendix | p. 719 |
Index of Cases | p. 737 |
Index | p. 787 |
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