Criminal Procedure Law and Practice

by Del Carmen, Rolando V.

• ISBN13: 9780495006008
• ISBN10: 0495006009
• Edition: 7th
• Format: Hardcover
• Copyright: 2006-07-12
• Publisher: Wadsworth Publishing

Summary

This eminently practical text has become a market leader as a result of its succinct, clear writing style, extensive use of engaging pedagogy, and unique ability to cover procedure completely and correctly without bogging students down in minutiae. Filled with case briefings, examples, sample police forms, and the most recent Supreme Court rulings, this book is known for its relevance to law enforcement officials and professionals in the field.

Table of Contents

Preface	xv
Part 1 Introduction
The Court System, Court Cases, and Sources of Rights	1	(32)
Introduction	2	(1)
The Structure of the Court System	3	(6)
The Federal Court System	3	(3)
The State Court System	6	(3)
The Territorial Effect of Judicial Decisions	9	(1)
Judicial Precedent (Stare Decisis)	10	(1)
Federal versus State Jurisdiction	10	(2)
Jurisdiction versus Venue	12	(1)
Court Cases	13	(2)
Case Citations	13	(1)
Internet Sources	14	(1)
How to Brief a Case	15	(2)
Sources of Rights	17	(5)
Constitutions	17	(3)
Statutory Law	20	(1)
Case Law	21	(1)
Court Rules	22	(1)
The Incorporation Controversy: Does the Bill of Rights Apply to the States?	22	(5)
Background	22	(1)
Approaches to Incorporation	23	(1)
Case Brief: Duncan v. Louisiana (1968)	23	(2)
Rights Held to Be Fundamental and Incorporated	25	(1)
Rights Not Incorporated	26	(1)
Nationalization of the Bill of Rights	26	(1)
The Judicial Review Doctrine	27	(1)
The Rule of Law	27	(2)
Summary	29	(1)
Review Questions and Hypothetical Cases	30	(1)
Key Terms	31	(1)
Holdings of Key Cases	31	(1)
Recommended Readings	31	(1)
Notes	32	(1)
Overview of the Criminal Justice Process	33	(40)
Introduction	34	(2)
The Procedure before Trial	36	(16)
The Filing of a Complaint	36	(1)
The Arrest	37	(2)
Booking at the Police Station	39	(1)
Initial Appearance before a Magistrate after the Arrest	39	(1)
The Setting of Bail	40	(1)
The Preliminary Hearing	41	(2)
The Decision by the Prosecutor to Charge	43	(1)
Grand Jury Indictment versus an Information	43	(2)
The Arraignment	45	(1)
The Plea by the Defendant	46	(2)
Plea Bargains	48	(3)
Case Brief: Santobello v. New York (1971)	51	(1)
The Procedure during Trial	52	(10)
The Selection of Jurors	52	(3)
Opening Statements by the Prosecution	55	(1)
Opening Statements by the Defense	55	(1)
Presentation of the Case for the Prosecution	55	(1)
Presentation of the Case for the Defense	56	(1)
Rebuttal Evidence	56	(1)
Closing Arguments	57	(1)
Defense Motions Prior to the Verdict	57	(1)
The Judge's Instructions to the Jury	58	(1)
Jury Deliberation	59	(1)
The Verdict---Guilty or Not Guilty	60	(2)
The Procedure after Trial	62	(4)
Sentencing	62	(1)
Appeal	63	(2)
Habeas Corpus	65	(1)
Beware: The Procedure in Your Jurisdiction May Differ	66	(3)
Application to Felony Cases	66	(2)
Variation among States	68	(1)
Variation within a State	68	(1)
Theory versus Reality	68	(1)
Summary	69	(1)
Review Questions and Hypothetical Cases	69	(1)
Key Terms	70	(1)
Holdings of Key Cases	71	(1)
Recommended Readings	71	(1)
Notes	72	(1)
Part 2 Levels of Proof and the Exclusionary Rule
Probable Cause and Reasonable Suspicion	73	(29)
Introduction	74	(1)
Probable Cause	75	(15)
Probable Cause Defined	75	(1)
A ``Man of Reasonable Caution''	76	(1)
A Practical Definition---More than 50 Percent Certainty	77	(1)
The Definition of Probable Cause Is the Same in All Areas of Police Work	77	(1)
Arrests of Persons versus Search and Seizure of Property	78	(1)
With a Warrant versus without a Warrant	78	(1)
The Advantages of Obtaining a Warrant	79	(1)
Determining Probable Cause	80	(1)
Establishing Probable Cause by What Is Found after an Illegal Act	80	(1)
What Can Be Used to Establish Probable Cause	81	(1)
How Probable Cause Is Established	81	(5)
Case Brief: Spinelli v. United States (1969)	86	(4)
Probable Cause and Motor Vehicle Passengers	90	(1)
Reasonable Suspicion	90	(4)
Reasonable Suspicion Defined	91	(1)
Case Brief: Alabama v. White (1990)	92	(1)
The Totality of Circumstances	93	(1)
Probable Cause and Reasonable Suspicion Compared	94	(1)
Appealing a Finding of Probable Cause or Reasonable Suspicion	95	(1)
Summary	96	(1)
Review Questions and Hypothetical Cases	97	(1)
Key Terms	98	(1)
Holdings of Key Cases	98	(1)
You Be the Judge	99	(2)
Recommended Readings	101	(1)
Notes	101	(1)
The Exclusionary Rule	102	(34)
Introduction	103	(1)
The Exclusionary Rule	104	(4)
The Exclusionary Rule Defined	104	(1)
The Purpose of the Rule	105	(1)
A Judge-Made Rule	106	(1)
Historical Development	106	(2)
The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio	108	(3)
Case Brief: Mapp v. Ohio (1961)	109	(2)
Procedures for Invoking the Exclusionary Rule	111	(2)
In Pretrial Motions and during the Trial	111	(1)
On Appeal	111	(1)
In Habeas Corpus Proceedings	112	(1)
``Standing'' and the Exclusion of Illegally Seized Evidence	112	(1)
Determining What Is Inadmissible	113	(11)
Illegally Seized Evidence	113	(1)
Fruit of the Poisonous Tree	113	(2)
Exceptions to the Exclusionary Rule	115	(1)
The Good Faith Exceptions	115	(4)
Case Brief: Arizona v. Evans (1995)	119	(2)
The Inevitable Discovery Exception	121	(1)
The Purged Taint Exception	122	(1)
The Independent Source Exception	123	(1)
Proceedings to which the Rule Does Not Apply	124	(2)
In Private Searches	124	(1)
In Grand Jury Investigations	124	(1)
In Sentencing	124	(1)
In Violations of Agency Rules Only	125	(1)
In Noncriminal Proceedings	125	(1)
In Parole Revocation Hearings	125	(1)
Arguments in Support of the Exclusionary Rule	126	(1)
Arguments against the Exclusionary Rule	126	(2)
Alternatives to the Exclusionary Rule	128	(1)
The Future of the Exclusionary Rule: It Is Here to Stay	129	(1)
Summary	130	(1)
Review Questions and Hypothetical Cases	130	(1)
Key Terms	131	(1)
Holdings of Key Cases	131	(2)
You Be the Judge	133	(2)
Recommended Readings	135	(1)
Notes	135	(1)
Part 3 Searches and Seizures of Persons
Stop and Frisk and Stationhouse Detention	136	(32)
Introduction	137	(1)
Stop and Frisk	138	(4)
Issue and Origin	138	(1)
The Leading Case in Stop and Frisk: Terry v. Ohio	138	(1)
The Guidelines	139	(1)
Case Brief: Terry v. Ohio (1968)	140	(1)
The Need for Reasonable Suspicion	141	(1)
Stop and Frisk: Two Separate Acts, Not One Continuous Act	142	(16)
The Stop	142	(8)
Case Brief: Hiibel v. Sixth Judicial District Court of Nevada (2004)	150	(3)
The Frisk	153	(5)
The Distinctions between Stop and Frisk and Arrest	158	(1)
Other Applications of Stop and Frisk	159	(1)
Application to Motor Vehicles	159	(1)
Application to Weapons in a Car	160	(1)
Application to Residences	160	(1)
Stationhouse Detention	160	(2)
For Fingerprinting	161	(1)
For Interrogation	161	(1)
Summary	162	(1)
Review Questions and Hypothetical Cases	162	(1)
Key Terms	163	(1)
Holdings of Key Cases	163	(2)
You Be the Judge	165	(2)
Recommended Readings	167	(1)
Notes	167	(1)
Arrests, Use of Force, and Responses to Terrorism	168	(53)
Introduction	170	(1)
The Broad Picture: Seizures of Persons	171	(3)
Seizure and the Fourth Amendment	171	(1)
Arrest: Just One Form of Seizure	171	(1)
The Top Ten Degrees of Intrusiveness in Searches and Seizures of Persons	172	(1)
The Appropriate Test for Determining Seizure	173	(1)
Arrest Defined	174	(1)
Forced Detention and Arrest	175	(1)
The Length of Detention and Arrest	175	(1)
The Elements of an Arrest	175	(3)
Seizure and Detention	176	(1)
The Intention to Arrest	177	(1)
Arrest Authority	177	(1)
Understanding by the Arrestee	178	(1)
Arrests with a Warrant	178	(6)
When a Warrant Is Needed	178	(2)
The Issuance of a Warrant	180	(1)
Case Brief: Payton v. New York (1980)	181	(2)
The Contents of a Warrant	183	(1)
The Service of a Warrant	183	(1)
The Time of the Arrest	184	(1)
The Possession and Expiration of a Warrant	184	(1)
Legal Authorization Other than an Arrest Warrant	184	(1)
Arrests without a Warrant	184	(3)
Felonies Committed in the Presence of Officers	185	(1)
Misdemeanors Committed in the Presence of Officers	185	(1)
Crimes Committed in Public Places	185	(1)
When Exigent (Emergency) Circumstances Are Present	186	(1)
When There Is Danger to the Arresting Officer	186	(1)
What the Police May Do after an Arrest	187	(3)
Search the Arrestee	187	(1)
Search the Area of Immediate Control	187	(1)
Search the Motor Vehicle Even If the Initial Contact and Arrest of the Driver Took Place Outside the Vehicle	188	(1)
Search the Passenger Compartment of a Motor Vehicle	189	(1)
Use Handcuffs Subject to Departmental Policy	189	(1)
Monitor the Movement of the Arrestee	189	(1)
Search the Arrestee at the Place of Detention	190	(1)
What the Police Cannot Do during an Arrest	190	(2)
Enter Third-Party Residences, Except in Exigent Circumstances	190	(1)
Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion	191	(1)
Conduct a Warrantless Protective Sweep Unless Justified	191	(1)
Invite the Media to ``Ride Along''	192	(1)
The Announcement Requirement	192	(3)
The General Rule: Knock and Announce Required	193	(1)
The Exceptions and Other Rules	194	(1)
Other Arrest Issues	195	(5)
Detaining a Suspect While Obtaining a Warrant	196	(1)
Arrests for Traffic Violations or Petty Offenses	196	(1)
Arrests for Offenses Not Punishable by Prison or Jail Time	196	(2)
Case Brief: Atwater v. City of Lago Vista (2001)	198	(1)
The Validity of a Citizen's Arrest	199	(1)
The Disposition of Prisoners after Arrest	200	(4)
Booking	200	(2)
The First Appearance before a Magistrate	202	(1)
Bail	203	(1)
The Use of Force during an Arrest	204	(3)
The Factors Governing Police Use of Force	204	(1)
Nondeadly and Deadly Force Distinguished	204	(1)
The Rule on the Use of Nondeadly Force	205	(1)
The Rule on the Use of Deadly Force	206	(1)
Responses to Terrorism	207	(7)
The USA Patriot Act of 2001	207	(1)
The USA Patriot Act of 2006	208	(1)
The Law Creating the Department of Homeland Security	209	(1)
The INS Special Registration Program for Foreigners	210	(1)
Legal Issues Arising from Responses to Terrorism	211	(2)
Prospects	213	(1)
Summary	214	(1)
Review Questions and Hypothetical Cases	214	(1)
Key Terms	215	(1)
Holdings of Key Cases	215	(3)
You Be the Judge	218	(1)
Recommended Readings	219	(1)
Notes	220	(1)
Part 4 Searches and Seizures of Property
Searches and Seizures of Things and Electronic Surveillance	221	(59)
Introduction	222	(1)
Searches and Seizures and the Right to Privacy	223	(2)
The Right to Privacy: A Constitutional Right?	223	(1)
The Meaning of ``Reasonable Expectation of Privacy''	224	(1)
Definitions and General Rule	225	(1)
Search Defined	225	(1)
Seizure Defined	225	(1)
The General Rule for Searches and Seizures	226	(1)
Things Subject to Search and Seizure	226	(1)
Search and Seizure with a Warrant	226	(11)
Requirements	227	(6)
The Procedure for Serving a Warrant	233	(1)
The Announcement Requirement	234	(1)
The Scope of Search and Seizure	235	(1)
The Time Allowed for a Search	236	(1)
The Procedure after the Search	236	(1)
Comparison of Search Warrants and Arrest Warrants	236	(1)
Search and Seizure without a Warrant	237	(16)
The Searches Incident to Lawful Arrest Exception	237	(2)
The Searches with Consent Exception	239	(1)
Case Brief: Chimel v. California (1969)	240	(2)
The Special Needs beyond Law Enforcement Exception	242	(6)
The Exigent (Emergency) Circumstances Exception	248	(2)
The Administrative Searches and Inspections Exception	250	(3)
Specific Search and Seizure Issues	253	(4)
Searches and Seizures of Students	253	(1)
Squeezing Luggage in a Bus	254	(1)
The Temporary Restraint of a Suspect	255	(1)
Searches and Seizures by Private Persons	255	(1)
Searches by Off-Duty Officers	256	(1)
The Use of Police Dogs for Detection of Drugs	256	(1)
Surgery to Remove a Bullet from a Suspect	256	(1)
Issues in Searches and Seizures and Technology	257	(13)
Evolving Concepts in Electronic Surveillance	257	(3)
Case Brief: Katz v. United States (1967)	260	(1)
Three Federal Laws Governing Electronic Surveillance	261	(5)
Searches and Seizures of Computers	266	(2)
Electronic Devices that Do Not Intercept Communication	268	(2)
Summary	270	(1)
Review Questions and Hypothetical Cases	270	(1)
Key Terms	271	(1)
Holdings of Key Cases	271	(5)
You Be the Judge	276	(2)
Recommended Readings	278	(1)
Notes	279	(1)
Motor Vehicle Stops, Searches, and Inventories	280	(45)
Introduction	281	(1)
Vehicle Stops	282	(16)
The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required	283	(1)
Roadblocks: An Exception to the ``Reasonable Suspicion'' Requirement	284	(3)
What an Officer May Do after a Vehicle Stop	287	(6)
Traffic Stops as Pretexts for Vehicle Searches	293	(1)
Vehicle Stops Based on Racial Profiles Alone	294	(2)
Consensual Searches and the Freedom to Leave	296	(1)
Arrest for a Minor (Nonjailable) Traffic Offense	296	(1)
The Arrests of Passengers in a Vehicle	297	(1)
Vehicle Searches	298	(15)
The Earliest Case on Vehicle Searches and Warrants: Carroll v. United States	298	(1)
Case Brief: Carroll v. United States (1925)	299	(1)
Warrantless Vehicle Searches	300	(1)
Automatic Searches during the Issuance of Traffic Citations	301	(1)
Searches of Passenger Compartments	302	(1)
Searches of the Passenger Compartment after a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested	303	(1)
Warrantless Searches of Trunks and Closed Packages Found in Trunks	303	(1)
Case Brief: United States v. Ross (1982)	304	(1)
Searches of Locked Trunks or Glove Compartments	305	(1)
Dog Sniffs after a Traffic Stop	306	(1)
Searches that Are Not Contemporaneous	306	(1)
Warrantless Searches When There Is Time to Obtain a Warrant	306	(1)
The Extent of Car Searches and the Objective Reasonableness Rule	307	(1)
Warrantless Searches of Containers in a Car	308	(1)
Seizures of Vehicles Found in Public Places	309	(1)
Searches of Motor Homes without a Warrant	310	(1)
The Use of Beepers to Detect Cars	310	(2)
Immigration and Border Searches of Vehicles	312	(1)
Other Valid Car Searches	313	(1)
Vehicle Inventory Searches	313	(3)
Warrantless Vehicle Inventory Searches Immediately after an Arrest	313	(1)
Warrantless Inventory Searches of Vehicles Impounded by Police	314	(2)
The Importance of State Laws and Departmental Policies	316	(1)
Summary	316	(1)
Review Questions and Hypothetical Cases	317	(1)
Key Terms	318	(1)
Holdings of Key Cases	318	(4)
You Be the Judge	322	(1)
Recommended Readings	323	(1)
Notes	324	(1)
Searches and Seizures Not Fully Protected by the Fourth Amendment: Plain View, Open Fields, Abandonment, and Border Searches	325	(34)
Introduction	326	(1)
The Plain View Doctrine	327	(9)
Plain View Defined	327	(1)
Requirements of the Plain View Doctrine	328	(2)
Situations in which the Plain View Doctrine Applies	330	(1)
Plain View: One of Many Justifications for Admission of Evidence in Court	330	(1)
Inadvertence No Longer Required: Horton v. California	331	(1)
Case Brief: Horton v. California (1990)	332	(1)
Plain View and Open Spaces	333	(1)
Plain View and Motor Vehicles	334	(1)
Plain View and the Use of Mechanical Devices	334	(1)
Comparison between Plain View and Open View	335	(1)
Comparison between Plain View and Plain Touch	335	(1)
Comparison between Plain View and Plain Odor	336	(1)
The Open Fields Doctrine	336	(8)
The Open Fields Doctrine Defined	336	(1)
Areas Not Included in Open Fields	337	(1)
Curtilage	337	(3)
Open Fields Despite a Locked Gate and a ``No Trespassing'' Sign: Oliver v. United States	340	(1)
Open Fields and the Use of Sense-Enhancement Technology	341	(1)
Case Brief: Oliver v. United States (1984)	342	(1)
Open Fields and the Use of Electronic Beepers: The Knotts and Karo Cases	343	(1)
Comparison between Open Fields and Plain View	344	(1)
Abandonment	344	(4)
Abandonment Defined	344	(1)
Factors that Determine When Items Are Considered Abandoned	345	(1)
Abandonment of Motor Vehicles	346	(1)
Police Actions and Abandonment	347	(1)
Comparison between Abandonment and Plain View	347	(1)
Border Searches	348	(4)
Fourth Amendment Rules Applied Differently in Immigration and Border Searches	348	(1)
Roving Patrols Searching Vehicles Away from the Border	349	(1)
Stopping Vehicles at Fixed Checkpoints	350	(1)
Disassembling the Gas Tank of a Motor Vehicle	350	(1)
The Forced Temporary Detention of Aliens Believed to Be Illegal	351	(1)
Factory Surveys of Aliens	351	(1)
The Detention of Alimentary Canal Smugglers	352	(1)
Summary of Case Law for Border Stops and Searches	352	(1)
Summary	352	(1)
Review Questions and Hypothetical Cases	353	(1)
Key Terms	354	(1)
Holdings of Key Cases	354	(2)
You Be the Judge	356	(1)
Recommended Readings	357	(1)
Notes	358	(1)
Part 5 Identifications, Confessions, and Admissions
Lineups and Other Means of Pretrial Identification	359	(39)
Introduction	360	(1)
Lineups	361	(10)
The Right to Counsel during Lineups	361	(2)
Case Brief: Kirby v. Illinois (1972)	363	(3)
Case Brief: United States v. Wade (1967)	366	(2)
The Right to Due Process Applies	368	(1)
No Right against Unreasonable Searches and Seizures	369	(1)
No Right against Self-Incrimination	370	(1)
Showups	371	(3)
The Right to Counsel during Showups	371	(1)
The Right to Due Process Applies	372	(1)
No Right against Unreasonable Searches and Seizures	373	(1)
No Right against Self-Incrimination	374	(1)
Photographic Identifications	374	(2)
No Right to Counsel	374	(1)
The Right to Due Process Applies	374	(2)
No Right against Unreasonable Searches and Seizures	376	(1)
No Right against Self-Incrimination	376	(1)
Problems with Eyewitness Identification	376	(2)
``Hopelessly Unreliable?''	377	(1)
No Prescribed Guidelines	377	(1)
Eyewitness Identification Guidelines from the U.S. Department of Justice	378	(3)
For Lineups	378	(2)
For Showups	380	(1)
For Photographic Identifications	380	(1)
Other Means of Identifying Suspects	381	(10)
DNA Testing: Results Admissible into Evidence	381	(5)
Polygraph Examinations: Results Not Admissible	386	(2)
Breathalyzer™ Tests: Results Admissible	388	(1)
Handwriting Samples: Results Admissible	389	(1)
Hair Samples: Results Admissible	390	(1)
Brain Fingerprinting: Too Early to Tell	391	(1)
Summary	391	(1)
Review Questions and Hypothetical Cases	392	(1)
Key Terms	393	(1)
Holdings of Key Cases	393	(1)
You Be the Judge	394	(2)
Recommended Readings	396	(1)
Notes	396	(2)
Confessions and Admissions: Miranda v. Arizona	398	(52)
Introduction	399	(1)
Before Miranda: Only Voluntary Confessions Were Admissible	400	(3)
Voluntary Confessions	400	(1)
U.S. Supreme Court Cases before Miranda v. Arizona	400	(3)
After Miranda: The Three-Question Test for Admissibility	403	(1)
The Basics of Miranda v. Arizona	404	(14)
The Case	404	(2)
The Miranda Warnings	406	(2)
The Miranda Warnings: Required by the Constitution, Not Just by Judges	408	(1)
The Miranda Warnings: Must Be Given for All Offenses Except Routine Traffic Stops	409	(1)
Case Brief: Berkemer v. McCarty (1984)	410	(2)
Distinguishing the Miranda Warnings from the Right to Counsel	412	(2)
The Miranda Rights: May Only Be Waived Knowingly and Intelligently	414	(4)
Custodial Interrogation: When the Miranda Warnings Must Always Be Given	418	(6)
Custody	419	(4)
Interrogation	423	(1)
Other Situations and Decisions on the Miranda Warnings	424	(17)
Situations in which the Miranda Warnings Are Required	425	(4)
Case Brief: Missouri v. Seibert (2004)	429	(3)
Situations Not Requiring or Not Fully Applying the Miranda Warnings	432	(4)
Situations in which the Miranda Warnings Are Not Needed	436	(5)
The Harmless Error Rule and Miranda Cases on Appeal: Arizona v. Fulminante	441	(1)
Summary	442	(1)
Review Questions and Hypothetical Cases	443	(1)
Key Terms	444	(1)
Holdings of Key Cases	444	(3)
You Be the Judge	447	(2)
Recommended Readings	449	(1)
Notes	449	(1)
Part 6 Constitutional Rights and the Consequences of Police Misconduct
Constitutional Rights of the Accused during the Trial	450	(53)
Introduction	452	(1)
The Right to a Trial by Jury	452	(10)
Jury Size	453	(1)
Unanimous versus Nonunanimous Verdicts	453	(1)
Serious versus Petty Offenses	454	(1)
Waiver of a Jury Trial	455	(1)
The Selection of a Jury of Peers	455	(1)
The Disqualification of Jurors Based on Race	455	(2)
The Disqualification of Jurors Based on Gender	457	(1)
Case Brief: J. E. B. v. Alabama (1994)	458	(1)
The Constitutionality of ``Death-Qualified Juries''	459	(1)
Case Brief: Lockhart v. McCree (1986)	460	(1)
The Strengthening of the Role of Juries in Sentencing	461	(1)
The Right to Counsel	462	(10)
Why Counsel Is Needed	464	(1)
How Counsel Is Obtained	464	(2)
The Responsibility of the Defense Lawyer	466	(1)
The Right to Court-Appointed Counsel during the Trial	467	(1)
The Difficulty of Proving Ineffective Assistance of Counsel	468	(1)
Claims of Ineffective Counsel in Death Penalty Cases	469	(1)
The Right to Act as One's Own Counsel	470	(2)
The Right to Due Process	472	(2)
The Brady Rule on Disclosure of Evidence to the Accused	472	(1)
Cases after Brady	473	(1)
The Right against Self-Incrimination	474	(5)
The Scope of the Provision: Testimonial, Not Physical	474	(1)
Two Separate Privileges during Trials: The Accused and the Witness	475	(2)
The Grant of Immunity	477	(1)
Comparison between Transactional Immunity and Use and Derivative Use Immunity	478	(1)
How the Right Is Waived	478	(1)
The Right to Protection against Double Jeopardy	479	(6)
What Double Jeopardy Means	479	(1)
When Double Jeopardy Starts	480	(1)
When Double Jeopardy Is Waived	480	(2)
What Same Offense Means	482	(1)
What Lesser Included Offense Means	482	(1)
The Constitutionality of Prosecution for a Higher Offense after Conviction for a Lesser Included Offense	483	(1)
The Constitutionality of Prosecution for the Same Offense by Two States	484	(1)
The Right to Confront Witnesses	485	(2)
The Right to Cross-Examine Opposing Witnesses	485	(1)
The Right to Physical Presence during the Trial	486	(1)
The Right to Face Witnesses at Trial	486	(1)
The Right to Know the Identity of Prosecution Witnesses	487	(1)
The Right to Compulsory Process to Obtain Witnesses	487	(1)
The Right to a Speedy and Public Trial	488	(1)
A Speedy Trial	488	(1)
A Public Trial	489	(1)
The Right to a Fair and Impartial Trial	489	(2)
The Prohibition of Prejudicial Publicity	490	(1)
Controlling Prejudicial Publicity	490	(1)
The Right to Proof of Guilt beyond a Reasonable Doubt	491	(2)
What Must Be Proved	491	(1)
Reasonable Doubt	492	(1)
Summary	493	(1)
Review Questions and Hypothetical Cases	494	(1)
Key Terms	495	(1)
Holdings of Key Cases	495	(5)
You Be the Judge	500	(1)
Recommended Readings	501	(1)
Notes	502	(1)
Legal Liabilities and Other Consequences of Police Misconduct	503
Introduction	504	(2)
Lawsuits against the Police: An Occupational Hazard	506	(1)
An Overview of Police Legal Liabilities	507	(2)
Civil Liability under Federal Law-Section 1983 Cases	509	(10)
The Federal Law	509	(1)
The Elements of a Section 1983 Lawsuit	510	(2)
Case Brief: Town of Castle Rock v. Gonzales (2005)	512	(2)
Defenses in Section 1983 Cases	514	(2)
Case Brief: Groh v. Ramirez et al. (2004)	516	(3)
Civil Liability under State Tort Law	519	(10)
Types of State Tort Cases	519	(9)
Official Immunity Defense Most Often Used in State Tort Cases	528	(1)
Comparison between Federal (Section 1983) and State Tort Cases	529	(1)
Defendants in Civil Liability Cases: Legal Representation and Indemnification	529	(5)
The Police Officer as Defendant	529	(2)
The Supervisor as Defendant	531	(2)
The City or County as Defendant	533	(1)
Other Consequences of Police Misconduct	534	(5)
Criminal Liabilities under Federal and State Penal Codes	535	(1)
Exclusion of Illegally Obtained Evidence	536	(1)
Administrative Investigations and Sanctions	537	(1)
Revocation of Law Enforcement License	537	(2)
Summary	539	(1)
Review Questions and Hypothetical Cases	539	(1)
Key Terms	540	(1)
Holdings of Key Cases	540	(3)
You Be the Judge	543	(1)
Recommended Readings	544	(1)
Notes	545
Appendix A: Thirty Suggestions on How to Be an Effective Witness	1	(3)
Appendix B: The Constitution of the United States	4	(17)
Appendix C: Information on How to Search FindLaw	21
Glossary	1	(1)
Index	1