Criminal Procedure

by Bloom, Robert M.; Brodin, Mark S.

• ISBN13: 9780735588509
• ISBN10: 0735588503
• Edition: 6th
• Format: Paperback
• Copyright: 2009-12-11
• Publisher: Wolters Kluwer

Summary

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement. Among the attributes that make this Examples & Explanations exceptional: The organization, by following police procedure in sequential order, helps students develop a sense of the theoretical flow and logic of law enforcement. Numerous charts and illustrations that graphically demonstrate legal standards and concepts, making them easier to understand. Examples start out easy, To build students' confidence, and gradually become more challenging, To test their knowledge and analytical skills. The proven Examples & Explanations format clearly explains concepts and encourages students to develop analytical and problem-solving skills. New To the Sixth Edition: Examples featuring Judge Sotomayor's cases Expanded sections and cases include: Discussions of computers And the Fourth Amendment Fourth Amendment: Virginia v. Moore, Scott v. Harris, Brendlin v. California, Arizona v. Gant, Arizona v. Johnson Sixth Amendment: Rothgery v. Gillespie, Montejo v. Louisiana Exclusionary Rule: Herring v. United States September 11th aftermath: Boumediene v. Bush Give your students a meaningful overview of how criminal procedure works in the real world with Examples & Explanations: Criminal Procedure: The Constitution And the Police, Sixth Edition.

Table of Contents

Table of Figures	p. xv
Preface	p. xvii
Acknowledgments	p. xix
Overview of Constitutional Criminal Procedure	p. 1
Search and Seizure-The Framework of The Fourth Amendment
Introduction to the Fourth Amendment	p. 11
When Does the Fourth Amendment Apply?	p. 15
Governmental Action-Public Versus Private Search	p. 15
Reasonable Expectation of Privacy	p. 21
What Does the Fourth Amendment Require? - The Doctrine of Justification	p. 41
Probable Cause - The Standard for Search and Arrest	p. 42
Reasonable Suspicion - The Standard for Stop and Frisk	p. 64
What Constitutes a Stop?	p. 67
The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feel	p. 72
Administrative Searches	p. 95
Search and Arrest Warrants	p. 113
Note on the Warrant Requirement	p. 113
The Components of a Valid Search Warrant	p. 114
Neutral and Detached Magistrate	p. 114
The Probable Cause Showing	p. 115
The Particularity Requirement and the Plain View Doctrine	p. 117
Execution of a Search Warrant	p. 128
Administrative Search Warrants	p. 129
Anticipatory Search Warrants	p. 129
The Arrest Warrant Requirement	p. 130
The Components of a Valid Arrest Warrant	p. 131
Warrantless Searches and Seizures	p. 133
Introduction	p. 133
Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances)	p. 134
Exceptions That Require Probable Cause: Search Incident to Arrest	p. 143
Exceptions That Require Probable Cause: Automobile Search and the Container Doctrine	p. 153
Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentions	p. 159
Administrative and Inventory Searches	p. 159
Warrantless Intrusion Requiring No Justification: Consent	p. 161
The Plain View Doctrine	p. 172
The Problem of Pretext	p. 179
The Exclusionary Rule: Rationale, Operation, and Limitations	p. 183
The Rationale of the Exclusionary Rule	p. 183
The Derivative Evidence ("Fruit-of-the-Poisonous-Tree") Doctrine	p. 187
Limitations on the Exclusionary Rule	p. 202
Standing	p. 203
Limitation to Criminal Trial Versus Other Proceedings	p. 214
The Good Faith Exception	p. 218
The Impeachment Exception	p. 229
Harmless Error	p. 230
Interrogation and Confessions
The Voluntariness Standard	p. 235
The Miranda Approach	p. 247
The Miranda Decision	p. 247
The Components of Miranda	p. 250
Custody	p. 250
Interrogation	p. 259
The Substance and Adequacy of the Warnings	p. 270
Waiver of Miranda Rights	p. 276
Waiver After Invocation of the Right to Silence or to Counsel	p. 287
Limitations on the Scope of the Miranda Exclusionary Rule	p. 300
Use of the Statement for Impeachment	p. 301
The Public Safety Exception	p. 303
Suppression of the Fruits of a Statement Obtained in Violation of Miranda	p. 309
Summary - What's Left of Miranda?	p. 311
The Sixth Amendment "Right to Counsel" Approach	p. 313
The Messiah Doctrine	p. 313
The "Deliberately Elicit" Standard	p. 314
At What Point Does the Massiah Doctrine Apply? - The Initiation of Judicial Proceedings	p. 316
Waiver and Exceptions to the Massiah Doctrine	p. 317
Overview of Interrogation and Confessions	p. 322
Other Investigative Procedures
Other Investigative Procedures - Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, and "High-Tech" and Computer Searches	p. 325
Eyewitness Identification	p. 325
Bodily Intrusions and Examination of Suspect's Physical Attributes	p. 332
Entrapment	p. 338
The Common Law Defense	p. 338
Due Process	p. 339
"High-Tech" Searches	p. 344
Electronic Surveillance and Wiretapping	p. 345
Searches of Computers	p. 345
September 11, 2001, and Its Aftermath	p. 349
Introduction	p. 349
Terrorism and the Fourth Amendment	p. 354
Table of Cases	p. 369
Index	p. 379
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