Criminal Procedure Law

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  • Edition: 1st
  • Format: Paperback
  • Copyright: 2011-11-10
  • Publisher: Jones & Bartlett Learning

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This resource provides readers with essential cases and analysis on criminal procedure. It focuses on the processing of suspects and offenders from police identification and investigation through arrest and pretrial processes. This book is useful to police, criminal justice students and criminal justice faculty looking for a text with clear writing and practical examples of the application of important constitutional principles for criminal procedure. Criminal Procedure Law: Police Issues and the Supreme Court provides an in-depth analysis of contemporary problems such as: racial profiling, detention of enemy combatants, interrogations of young children suspects, searches of private dwellings and places (e.g., computers and cell phones).

Table of Contents

Prefacep. xi
Acknowledgmentsp. xiii
Criminal Trialsp. 1
Key Pointsp. 1
Introductionp. 1
The Constitution and Its Amendmentsp. 2
Criminal Procedurep. 3
Interpreting the Constitutionp. 6
Organization of the Bookp. 12
Summaryp. 15
Glossaryp. 15
Additional Readingsp. 16
Police Criminal Investigationsp. 17
Key Pointsp. 17
The Criminal Justice Process and Policingp. 17
Steps in the Criminal Justice Processp. 18
Need to Understand Criminal Procedure Lawp. 20
Privacy Rights and People, Places, and Thingsp. 26
Contemporary Issues: State Access to Computer Accounts, Cell Phones, and Text Messagesp. 31
Summaryp. 32
Glossaryp. 32
Additional Readingsp. 33
Stops and Frisksp. 35
Key Pointsp. 35
The Right of Ptivacy and Police Stopsp. 35
Reasonable Suspicion to Stop a Personp. 37
Car Stopsp. 47
Frisks and Plain Feel Rulep. 54
Contemporary Issues: Criminal and Racial Profilingp. 62
Summaryp. 65
Glossaryp. 65
Additional Readingsp. 66
Arrestsp. 67
Key Pointsp. 67
The Fourth Amendment and Arrestsp. 67
The Fourth Amendment Requirement for a Warrantp. 78
DNA and Other Items Identifying a Personp. 80
Public Schools and Youthp. 84
Use of Forcep. 89
Contemporary Issues: Detentions and Enemy Combatantsp. 92
Summaryp. 100
Glossaryp. 101
Additional Readingsp. 102
Confessions and Interrogationsp. 103
Key Pointsp. 103
The Fifth and Sixth Amendmentsp. 103
The Requirements as Articulated in Miranda v. Arizonap. 104
The Right to Remain Silent and to Counselp. 117
Contemporary Issues: St. Johns, Arizona, 8-Year-Old Boy Interrogated without Mirandap. 120
Summaryp. 121
Glossaryp. 122
Additional Readingsp. 123
The Fourth Amendment, Search Warrants, and Warrantless Searchesp. 125
Key Pointsp. 125
The Right of Privacy and the Requirement for a Warrantp. 126
The Exclusionary Rulep. 127
Use of Known and Anonymous Informantsp. 131
Limits to the Exclusionary Rulep. 139
Fruit of the Poisonous Treep. 145
Suing the Police for a Violation of the Fourth Amendmentp. 149
Contemporary Issues: Deadly Force and Warrantsp. 150
Summaryp. 152
Glossaryp. 153
Additional Readingsp. 154
Warrantless Searches of People and Their Immediate Area and Thingsp. 157
Key Pointsp. ' 57
Searches of People and the Fourth Amendmentp. 157
Search of a Person Incident to Arrestp. 158
Search of Youth in Schoolsp. 168
Search upon Booking and Inventory Searchesp. 171
Contemporary Issues: Airport and Border Screeningsp. 173
Summaryp. 178
Glossaryp. 179
Additional Readingsp. 179
Searches of Houses and Real Propertyp. 181
Key Pointsp. 181
Fourth Amendment and Searches of Homesp. 181
Consent Entry Searchesp. 182
Exigent Entry and Searches of a Homep. 185
How and When Can Search Warrants Be Effectuated?p. 186
Open Fields Rulep. 192
Contemporary Issues: Protective Sweeps of a Homep. 194
Summaryp. 197
Glossaryp. 197
Additional Readingsp. 198
Warrantless Searches and Privacy of Personal Effectsp. 199
Key Pointsp. 199
Warrantless Searches of People's Personal Effectsp. 200
Plain Viewp. 200
Automobile Searchesp. 205
Abandonment of Propertyp. 216
Contemporary Issues: Roadside Car Searches of African Americansp. 217
Summaryp. 223
Glossaryp. 224
Additional Readingsp. 224
Right to Counsel in Pretrial Stagesp. 227
Key Pointsp. 227
The Sixth Amendment's Right to Counselp. 227
Arrests and the Right to Counselp. 233
Sixth Amendment and Pre- and Post-Indictment Lineups, Showups, and Photo Arraysp. 236
Contemporary Issues: Guantanamo Bay and Military Tribunalsp. 241
Summaryp. 243
Glossaryp. 243
Additional Readingsp. 244
Indexp. 245
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