Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

by Del Carmen, Rolando V.

• ISBN13: 9780534616144
• ISBN10: 0534616143
• Edition: 6th
• Format: Hardcover
• Copyright: 2003-08-11
• Publisher: Wadsworth Publishing

Summary

Part One: INTRODUCTION. 1. The Court System, Court Cases and Sources of Rights. 2. Overview of the Criminal Justice Process. Part Two: LEVELS OF PROOF AND THE EXCLUSIONARY RULE. 3. Probable Cause and Reasonable Suspicion. 4. The Exclusionary Rule. Part Three: SEARCHES AND SEIZURES OF PERSONS. 5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention. 6. Arrests and Responses to Terrorism. Part Four: SEARCHES AND SEIZURES OF PROPERTY. 7. Searches and Seizures of Things. 8. Vehicle Stops, Searches, and Inventories. 9. Plain View, Open Fields, Abandonment, and Electronic Surveillance. Part Five: IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS. 10. Lineups and Other Pretrial Identification Procedures. 11. Confessions and Admissions: Miranda v. Arizona. Part Six: CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT. 12. Legal Liabilities and Other Consequences of Police Misconduct. 13. Constitutional Rights of the Accused During Trial. APPENDIXES: A. Guide to Case Briefing. B. The Case of Minnesota v. Dickerson--A Full Reprint. C. Thirty Suggestions on How to Be an Effective Witness. D. The Constitution of the United States. E. Table of Cases. Glossary. Index.

Table of Contents

Brief Contents	v
Preface	xxi
I. INTRODUCTION	1	(64)
1. The Court System, Court Cases, and Sources of Rights	2	(28)
The Structure of the Court System	3	(5)
The Federal Court System	3	(4)
The State Court System	7	(1)
The Appeal Process	8	(1)
The Territorial Effect of Judicial Decisions	9	(1)
The Judicial Review Doctrine	10	(1)
Judicial Precedent (Stare Decisis)	11	(1)
Federal versus State Jurisdiction	12	(1)
Jurisdiction versus Venue	13	(1)
Court Cases	14	(2)
Case Citations	14	(1)
Internet Sources	15	(1)
Sources of Rights	16	(4)
Constitutions	16	(3)
The Federal Constitution	16	(2)
State Constitutions	18	(1)
Statutory Law	19	(1)
Case Law	19	(1)
Court Rules	20	(1)
The Incorporation Controversy: Does the Bill of Rights Apply to the States?	20	(3)
Background	20	(1)
Approaches to Incorporation	21	(1)
The Definition of Fundamental Rights	22	(1)
Rights Held to Be Fundamental and Incorporated	22	(1)
Rights Not Incorporated	23	(1)
Nationalization of the Bill of Rights	23	(1)
The Rule of Law	23	(2)
Summary	25	(1)
Review Questions	26	(1)
Key Terms and Definitions	26	(1)
Principles of Leading Cases	27	(1)
Case Briefs	27	(1)
Palko v. Connecticut	27	(1)
Duncan v. Louisiana	28	(1)
Web Resources	28	(1)
Recommended Readings	29	(1)
Notes	29	(1)
2. Overview of the Criminal Justice Process	30	(35)
The Procedure before Trial	34	(12)
The Filing of a Complaint	34	(1)
The Arrest	35	(1)
Booking at the Police Station	36	(1)
Appearance before a Magistrate after the Arrest	37	(1)
The Setting of Bail	38	(1)
The Preliminary Examination	38	(2)
The Decision by the Prosecutor to Charge	40	(1)
Grand Jury Indictment versus an Information	40	(2)
The Arraignment	42	(1)
The Plea by the Defendant	42	(4)
A Nolo Contendere Plea	42	(1)
A Plea of Not Guilty	43	(1)
A Plea of Guilty	43	(1)
Plea Bargains	44	(1)
Legal Issues in Plea Bargains	44	(2)
The Procedure during Trial	46	(6)
The Selection of Jurors	46	(1)
Challenge for Cause	47	(1)
Peremptory Challenge	47	(1)
Opening Statements	47	(1)
By the Prosecution	47	(1)
By the Defense	47	(1)
Presentation of the Case for the Prosecution	48	(1)
Presentation of the Case for the Defense	48	(1)
Motions Prior to the Verdict	48	(1)
Rebuttal Evidence	49	(1)
Closing Arguments	49	(1)
The Prosecution's Argument	49	(1)
The Defense's Argument	49	(1)
The Judge's Instructions to the Jury	50	(1)
Jury Deliberation	50	(1)
Hung Jury	50	(1)
Jury Nullification	50	(1)
The Verdict-Guilty or Not Guilty	51	(1)
The Procedure after Trial	52	(3)
Sentencing	52	(1)
Appeal	53	(1)
Habeas Corpus	54	(1)
Caution: The Procedure May Not Be What This Book Says It Is	55	(3)
Application to Felony Cases	55	(1)
Variation among States	55	(1)
Variation within a State	56	(1)
Theory versus Reality	57	(1)
Summary	58	(1)
Review Questions	59	(1)
Key Terms and Definitions	59	(2)
Principles of Leading Cases	61	(1)
Case Briefs	62	(1)
Santobello v. New York	62	(1)
Apodaca v. Oregon	62	(1)
Web Resources	63	(1)
Recommended Readings	63	(1)
Notes	64	(1)
II. LEVELS OF PROOF AND THE EXCLUSIONARY RULE	65	(50)
3. Probable Cause and Reasonable Suspicion	66	(22)
Probable Cause	67	(11)
Probable Cause Defined	67	(1)
"Man of Reasonable Caution"	68
A Practical Definition-More Than	50	(18)
Percent Certainty	68	(1)
Definition of Probable Cause Is the Same in All Areas of Police Work	69	(1)
Arrest of Persons versus Search and Seizure of Property	69	(1)
With a Warrant versus without a Warrant	69	(1)
What Are the Advantages in Obtaining a Warrant?	70	(1)
Who Determines Probable Cause?	70	(1)
When Are Arrests and Searches Illegal?	71	(1)
What Can Be Used to Establish Probable Cause?	72	(1)
How is Probable Cause Established?	72	(5)
An Officer's Own Knowledge of Facts and Circumstances	73	(1)
Information Given by an Informant	73	(4)
Information plus Corroboration	77	(1)
Probable Cause Compared with Other Levels of Proof	77	(1)
Reasonable Suspicion	78	(1)
Reasonable Suspicion Defined	78	(1)
The Totality of Circumstances	79	(1)
Probable Cause and Reasonable Suspicion Compared	79	(1)
Appealing a Finding of Probable Cause or Reasonable Suspicion	80	(2)
Summary	82	(1)
Review Questions	83	(1)
Key Terms and Definitions	83	(1)
Principles of Leading Cases	84	(1)
Case Briefs	85	(1)
Spinelli v. United States	85	(1)
Alabama v. White	86	(1)
Web Resources	86	(1)
Recommended Readings	87	(1)
Notes	87	(1)
4. The Exclusionary Rule	88	(27)
General Considerations	89	(3)
The Exclusionary Rule Defined	89	(1)
The Purpose of the Rule	90	(1)
A Judge-Made Rule	91	(1)
Historical Development	91	(4)
Federal Courts	91	(1)
State Courts	92	(1)
The Exclusionary Rule as Applied to the States: Mapp v. Ohio	92	(1)
Procedures for Invoking the Exclusionary Rule	93	(2)
What Is Not Admissible?	95	(1)
Illegally Seized Evidence	95	(1)
Fruit of the Poisonous Tree	95	(1)
Exceptions to the Exclusionary Rule	96	(6)
The Good Faith Exceptions	96	(4)
When the Error Was Committed by the Judge or Magistrate, Not by the Police: The Sheppard and Leon Cases	96	(2)
When the Error Was Committed by a Court Employee: Arizona v. Evans	98	(1)
When the Police Erred but Honestly and Reasonably Believed That the Information They Gave to the Magistrate When Obtaining the Warrant Was Accurate: Maryland v. Garrison	99	(1)
When the Police Reasonably Believe That the Person Who Gave Authority to Enter the Premises Had Authority to Give Consent: Illinois v. Rodriguez	99	(1)
When the Police Action Was Based on a Law That Was Later Declared Unconstitutional: Illinois v. Krull	100	(1)
The Inevitable Discovery Exception	100	(1)
The Purged Taint Exception	101	(1)
The Independent Source Exception	102	(1)
Proceedings to Which the Rule Does Not Apply	102	(1)
Private Searches	102	(1)
Grand Jury Investigations	102	(1)
Sentencing	102	(1)
Violations of Agency Rules Only	103	(1)
Noncriminal Proceedings	103	(1)
Parole Revocation Hearings	103	(1)
Arguments in Support of the Exclusionary Rule	103	(1)
Arguments against the Exclusionary Rule	104	(1)
Alternatives to the Exclusionary Rule	105	(1)
Other Consequences of Officer Misconduct	106	(1)
The Future of the Exclusionary Rule	106	(2)
Summary	108	(1)
Review Questions	109	(1)
Key Terms and Definitions	109	(1)
Principles of Leading Cases	110	(2)
Case Briefs	112	(1)
Mapp v. Ohio	112	(1)
Arizona v. Evans	112	(1)
Web Resources	113	(1)
Recommended Readings	113	(1)
Notes	114	(1)
III. SEARCHES AND SEIZURES OF PERSONS	115	(76)
5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention	116	(31)
Stop and Frisk-In General	117	(4)
Issue and Origin	117	(1)
The Leading Case in Stop and Frisk: Terry v. Ohio	118	(1)
The Guidelines	119	(2)
1. The Stop	119	(1)
2. The Frisk	119	(1)
3. Reasonable Suspicion	120	(1)
Stop and Frisk-Two Separate Acts	121	(12)
The Stop	121	(8)
When Is a Stop a Seizure under the Fourth Amendment? United States v. Mendenhall	121	(1)
Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion?	122	(1)
Are Stops Based on Hearsay Information Valid?	123	(1)
Is a Stop Based on an Anonymous Tip Valid?	123	(1)
Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop?	124	(1)
Are Stops Based on Drug Courier Profile Alone Valid?	125	(1)
Are Stops Based on Racial Profile Alone Valid?	125	(1)
Can Suspects Be Forced to Answer Questions?	126	(1)
What Are the Reasonable Scope and Duration of a Stop?	127	(1)
Are Airport Stops and Searches Valid?	128	(1)
What Degree of Intrusiveness is Permissible?	129	(1)
The Frisk	129	(5)
Does a Frisk Automatically Follow a Stop?	129	(1)
How Extensive May the Frisk Be?	129	(1)
What May an Officer Do During a Frisk?	130	(1)
What Constitutes Plain Touch?	131	(1)
Are "Fishing Expeditions" Allowed?	132	(1)
Is Consent to Frisk Based on Submission to Police Authority Valid?	132	(1)
Can an Officer Frisk after a Stop without Asking Questions?	132	(1)
Does a Frisk Include Things Carried by the Suspect?	133	(1)
Distinctions between Stop and Frisk and Arrest	133	(1)
Other Applications of Stop and Frisk	134	(1)
Motor Vehicles	134	(1)
Weapons in a Car	135	(1)
Stop and Frisk Applied to Immigration and Border Searches	135	(2)
Fourth Amendment Rules Are Applied Differently	135	(1)
Roving Patrols Searching Vehicles at Places away from the Border Need Warrant or Probable Cause	135	(1)
Vehicles May Be Stopped at Fixed Checkpoints	136	(1)
Forced Temporary Detention Allowed	136	(1)
Factory Surveys of Aliens Allowed	136	(1)
Detention of Alimentary Canal Smugglers Valid	137	(1)
Summary of Case Law for Border Stops and Searches	137	(1)
Stationhouse Detention	137	(2)
For Fingerprinting	137	(1)
For Interrogation	138	(1)
Summary	139	(1)
Review Questions	140	(1)
Key Terms and Definitions	141	(1)
Principles of Leading Cases	141	(3)
Case Brief	144	(1)
Terry v. Ohio	144	(1)
Web Resources	145	(1)
Recommended Readings	145	(1)
Notes	146	(1)
6. Arrests and Responses to Terrorism	147	(44)
Seizures of Persons-In General	149	(2)
Seizure and the Fourth Amendment	149	(1)
Arrest as but One Form of Seizure	149	(1)
The "Top Ten" List of Searches and Seizures Involving Persons	149	(1)
Whose Perception Prevails in Seizures?	150	(1)
Arrest Defined	151	(1)
Elements of an Arrest	152	(3)
Seizure and Detention	152	(1)
Intention to Arrest	153	(1)
Arrest Authority	154	(1)
Understanding by the Arrestee	154	(1)
Types of Authorized Arrest	155	(12)
Arrest with a Warrant	155	(8)
Issuance of a Warrant	155	(1)
Contents of a Warrant	156	(1)
Service of a Warrant	156	(5)
Search Warrants and Third-Party Residences	161	(1)
Legal Authorizations Other Than an Arrest Warrant	161	(2)
Arrest without a Warrant	163	(4)
Arrests for Felonies	163	(2)
Arrests for Misdemeanors	165	(1)
Arrests for Traffic Violations or Petty Offenses	166	(1)
Arrests for Minor Offenses Not Punishable by Jail Time	166	(1)
Citizen's Arrest	167	(1)
What the Police May Do after an Arrest	167	(3)
Search the Arrestee	168	(1)
Search the Area of Immediate Control	168	(1)
Search the Passenger Compartment of a Motor Vehicle	169	(1)
Use Handcuffs Subject to Department Policy	169	(1)
Monitor the Movement of the Arrestee	169	(1)
Search the Arrestee at the Place of Detention	169	(1)
What the Police Cannot Do during an Arrest	170	(2)
Cannot Do a Strip or Cavity Search Unless Justified by Reasonable Suspicion	170	(1)
Cannot Conduct a Warrantless Protective Sweep Unless Justified	170	(1)
Cannot Invite the Media to "Ride Along"	171	(1)
Police May Temporarily Detain a Suspect While Obtaining a Warrant	172	(1)
Disposition of Prisoners after Arrest	172	(4)
Booking	172	(2)
Appearance before a Magistrate	174	(1)
The Purposes of an Initial Appearance	175	(1)
Bail	175	(1)
Responses to Terrorism	176	(6)
The USA Patriot Act	177	(1)
The Law Creating the Department of Homeland Security	178	(1)
The INS Special Registration Program for Foreigners	178	(1)
Legal Issues Arising from Responses to Terrorism	178	(2)
Prospects	180	(2)
Summary	182	(1)
Review Questions	183	(1)
Key Terms and Definitions	184	(1)
Principles of Leading Cases	185	(3)
Case Briefs	188	(1)
Payton v. New York	188	(1)
Atwater v. City of Lago Vista	188	(1)
Web Resources	189	(1)
Recommended Readings	189	(1)
Notes	190	(1)
IV. SEARCHES AND SEIZURES OF PROPERTY	191	(116)
7. Searches and Seizures of Things	192	(44)
Search and Seizure of Things	194	(1)
Search Defined	194	(1)
Seizure Defined	194	(1)
The General Rule for Searches and Seizures	194	(1)
Things Subject to Search and Seizure	195	(1)
Search and Seizure with a Warrant	195	(10)
Requirements	196	(4)
1. Probable Cause	197	(1)
2. A Supporting Oath or Affirmation	197	(1)
3. A Description of the Place to Be Searched and Persons or Things to Be Seized	198	(2)
4. The Signature of a Magistrate	200	(1)
The Procedure for Service of a Warrant	200	(2)
The Announcement Requirement	202	(1)
The Scope of Search and Seizure	203	(1)
The Time Allowed for a Search	204	(1)
The Procedure after the Search	204	(1)
Search Warrant and Arrest Warrant Compared	204	(1)
Search and Seizure without a Warrant	205	(13)
The Searches Incident to Lawful Arrest Exception	205	(2)
The Body Search of an Arrested Person	205	(1)
The Area within a Person's Immediate Control: Chimel v. California	206	(1)
The Requirement That the Warrantless Search Be Contemporaneous	207	(1)
The Searches with Consent Exception	207	(4)
Consent Must Be Voluntary	207	(1)
Consent to Enter Does Not Necessarily Mean Consent to Search	208	(1)
Consent to Search Need Not Be in Writing	208	(1)
Knowledge of the Right to Refuse Consent Is Not Required	208	(1)
The Scope of Allowable Search Depends on Type of Consent Given	208	(1)
Consent Given May Be Revoked at Any Time	209	(1)
Who May Give Consent to Search?	209	(2)
The Special Needs beyond Law Enforcement Exception	211	(3)
Public School Searches	211	(1)
Searches of Probationers' and Parolees' Homes	212	(1)
Airport Searches	213	(1)
The Exigent (Emergency) Circumstances Exception	214	(2)
Danger of Physical Harm to the Officer or Destruction of Evidence	214	(1)
Searches in "Hot Pursuit" (or "Fresh Pursuit") of Dangerous Suspects	215	(1)
Danger to a Third Person	215	(1)
Driving While Intoxicated (DWI)	215	(1)
The Administrative Searches and Inspections Exception	216	(2)
Entering a Private Residence for Code Violations-Consent or Warrant Needed	216	(1)
Entering Commercial Buildings for Inspection Purposes-Consent or Warrant Needed	217	(1)
Searches of Closely Regulated Businesses-No Need for Consent or Warrant	217	(1)
Administrative Searches and Law Enforcement Searches Compared	218	(1)
Specific Search and Seizure Issues	218	(8)
Squeezing Luggage in a Bus	218	(1)
Temporary Restraint of a Suspect	219	(1)
Mail Searches	219	(1)
Searches and Seizures by Private Persons	219	(1)
Searches by Government Agents of the Same Material Searched by Private Parties	220	(1)
Searches by Off-Duty Officers	220	(1)
Searches of Nonresident Aliens in a Foreign Country	220	(1)
Use of Police Dogs for Detection of Drugs	221	(1)
Surgery to Remove a Bullet from a Suspect	221	(1)
Searches and Seizures of Computers	222	(2)
Legal Requirements	222	(1)
Probable Cause	222	(1)
Reasonable Expectation of Privacy	223	(1)
Searches and Seizures in Cyberspace	224	(2)
Summary	226	(1)
Review Questions	227	(1)
Key Terms and Definitions	227	(1)
Principles of Leading Cases	228	(5)
Case Briefs	233	(1)
Chimel v. California	233	(1)
Maryland v. Garrison	233	(1)
Web Resources	234	(1)
Recommended Readings	234	(1)
Notes	235	(1)
8. Vehicle Stops, Searches, and Inventories	236	(35)
Vehicle Stops	238	(12)
The Rules Governing Vehicle Stops	238	(3)
The General Rule: The Need for Reasonable Suspicion of Involvement in Criminal Activity	238	(1)
Reasonable Suspicion Is Determined by the Totality of Circumstances, Not by Individual Factors	239	(2)
What an Officer May Do after a Vehicle Stop	241	(4)
Based on General Law Enforcement Authority (But Subject to Limitations Set by State Law or Department Policy)	241	(2)
Based on Reasonable Suspicion	243	(1)
Based on Probable Cause	244	(1)
Based on Consent	245	(1)
Traffic Stops as Pretexts for Vehicle Searches	245	(2)
Vehicle Stops Based on Racial Profiles	247	(2)
Consensual Searches and the Freedom to Leave	249	(1)
Arrest for a Minor (Nonjailable) Traffic Offense	249	(1)
Vehicle Searches	250	(9)
Vehicle Searches and Warrants: Carroll v. United States	250	(1)
Warrantless Vehicle Searches	251	(1)
Searches Incident to the Issuance of Traffic Citations	251	(1)
Searches of Passenger Compartments: New York v. Belton	252	(1)
Searches of Trunks and Closed Packages Found in Trunks	252	(1)
Searches of Locked Trunks or Glove Compartments	253	(1)
Contemporaneousness	253	(1)
Warrantless Searches When There Is Time to Obtain a Warrant	254	(1)
The Extent of Car Searches and the Objective Reasonableness Rule	254	(1)
Asking Questions of Bus Passengers	255	(1)
Warrantless Searches of Containers	255	(1)
Seizures of Vehicles from Public Places	256	(1)
Searches of Motor Homes without a Warrant	257	(1)
Beepers to Detect Cars	258	(1)
Other Car Searches	259	(1)
Vehicle Inventory Searches	259	(4)
Warrantless Vehicle Inventory Searches Immediately after Arrest	259	(1)
Warrantless Inventory Searches of Vehicles Impounded by Police	260	(1)
An Important Word of Caution	261	(2)
Summary	263	(1)
Review Questions	263	(1)
Key Terms and Definitions	264	(1)
Principles of Leading Cases	264	(4)
Case Briefs	268	(1)
United States v. Ross	268	(1)
Indianapolis v. Edmond	268	(1)
Web Resources	269	(1)
Recommended Readings	269	(1)
Notes	269	(2)
9. Plain View, Open Fields, Abandonment, and Electronic Surveillance	271	(36)
The Plain View Doctrine	272	(7)
Plain View Defined	272	(1)
Requirements of the Plain View Doctrine	273	(2)
1. Awareness of Item through Use of Sight	273	(1)
2. The Officer Must Be Legally in the Place from Which the Item Is Seen	273	(1)
3. It Must Be Immediately Apparent That the Item Is Subject to Seizure	274	(1)
Law Enforcement Situations in Which the Plain View Doctrine Applies	275	(1)
Plain View as But One of Many Justifications for Admission of Evidence	275	(1)
Issues Raised by the Plain View Doctrine	275	(4)
Inadvertence (Accidental Finding): Horton v. California	275	(2)
Open Spaces	277	(1)
Motor Vehicles	277	(1)
The Use of Mechanical Devices	278	(1)
Plain View versus Open View	278	(1)
Plain View versus Plain Touch	278	(1)
Plain View versus Plain Odor	279	(1)
The Open Fields Doctrine	279	(6)
Open Fields Defined	279	(1)
Areas Not Included in Open Fields	279	(2)
Houses	279	(1)
Curtilage	280	(1)
The Test to Determine Curtilage: United States v. Dunn	281	(1)
Aerial Surveillance of Curtilage: California v. Ciraolo	282	(1)
Open Fields despite a Locked Gate and a "No Trespassing" Sign: Oliver v. United States	283	(1)
Open Fields and the Use of Thermal Imaging	284	(1)
Open Fields versus Plain View	284	(1)
Similarities	284	(1)
Differences	284	(1)
Abandonment	285	(3)
Abandonment Defined	285	(1)
Factors Determining When Items Are Considered Abandoned	285	(2)
Where the Property Is Left	285	(1)
The Intent	286	(1)
Abandonment of Motor Vehicles	287	(1)
The Legality of Police Actions	288	(1)
Abandonment versus Plain View	288	(1)
Similarities	288	(1)
Differences	288	(1)
Electronic Surveillance	288	(9)
The Old Concept-Constitutional if There Is No Trespass: Olmstead v. United States	288	(1)
The New Concept-Unconstitutional if It Violates a Reasonable Expectation of Privacy: Katz v. United States	289	(1)
Federal Law: Title III of the Omnibus Crime Control and Safe Streets Act of 1968	290	(4)
The Main Provision	290	(2)
The Constitutionality of Title III	292	(1)
State Laws and Title III	292	(1)
Berger v. New York and Title III	293	(1)
Federal Law: The Electronic Communications and Privacy Act of 1986 (ECPA)	294	(1)
Federal Law: The Communications Assistance for Law Enforcement Act of 1994 (CALER)	294	(1)
Electronic Devices That Do Not Intercept Communication	295	(8)
Pen Registers	296	(1)
Electronic Beepers	296	(1)
Police Use of Cameras to Monitor Traffic and Other Offenders	296	(1)
Recording Devices in Prisons and Jails	297	(1)
Summary	298	(2)
Review Questions	300	(1)
Key Terms and Definitions	300	(1)
Principles of Leading Cases	301	(2)
Case Brief	303	(1)
Katz v. United States	303	(1)
Web Resources	304	(1)
Recommended Readings	304	(1)
Notes	304	(3)
V. IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS	307	(74)
10. Lineups and Other Pretrial Identification Procedures	308	(30)
Lineups	310	(9)
The Right to Counsel	310	(5)
Prior to the Filing of a Formal Charge: Kirby v. Illinois	311	(1)
After the Filing of a Formal Charge: United States v. Wade	311	(4)
The Right to Due Process	315	(2)
An Impermissibly Suggestive Identification Procedure	315	(1)
Factors in Determining Violations of Due Process	316	(1)
Lineup Composition and Procedure	316	(1)
The Right to Protection against Unreasonable Searches and Seizures	317	(1)
The Right to Protection against Self-Incrimination	318	(1)
Showups	319	(2)
The Right to Counsel	319	(1)
Prior to the Filing of a Formal Charge-No	319	(1)
After the Filing of a Formal Charge-Yes	319	(1)
The Right to Due Process Applies	319	(2)
The Right to Protection against Unreasonable Searches and Seizures Does Not Apply	321	(1)
The Right to Protection against Self Incrimination Does Not Apply	321	(1)
Photographic Identifications	321	(2)
The Right to Counsel	321	(1)
The Right to Due Process	321	(1)
No Right to Protection against Unreasonable Searches and Seizures	322	(1)
No Right to Protection against Self-Incrimination	323	(1)
Guidelines from the National Institute of Justice	323	(3)
For Lineups	324	(1)
Composing	324	(1)
Presenting	325	(1)
For Showups	325	(1)
For Photographic Identifications	325	(1)
Other Means of Pretrial Identification	326	(6)
DNA Testing	326	(3)
Background	326	(1)
Results and Some Legal Issues	327	(1)
Unassailable Scientific Reliability	328	(1)
Toward a National DNA Database	328	(1)
The Future	329	(1)
Polygraph Examinations	329	(3)
Summary	332	(1)
Review Questions	333	(1)
Key Terms and Definitions	333	(1)
Principles of Leading Cases	333	(2)
Case Brief	335	(1)
Kirby v. Illinois	335	(1)
Web Resources	335	(1)
Recommended Readings	336	(1)
Notes	336	(2)
11. Confessions and Admissions: Miranda v. Arizona	338	(43)
Prior to Miranda: Voluntariness Was the Test for Admissibility	339	(3)
Brown v. Mississippi, 297 U.S. 278 (1936)-Confession Not Valid because of Coercion and Brutality	340	(1)
Chambers v. Florida, 309 U.S. 227 (1940)-Confession Not Valid because of Coercion	340	(1)
Spano v. New York, 360 11.5. 315 (1959)-Confession Not Valid because of Deception	341	(1)
Rogers v. Richmond, 365 U.S. 534 (1961)-Confession Not Valid because of Involuntariness	341	(1)
Escobedo v. Illinois, 378 U.S. 748 (1964)-Confession Not Valid because the Suspect Was Denied Counsel at the Police Station	341	(1)
Miranda Rejects the Voluntariness Test in Favor of a Three Questions Test	342	(1)
The Basics of Miranda v. Arizona	343	(11)
The Case Itself	343	(1)
The Facts	343	(1)
The Legal Issue	343	(1)
The Court's Decision	343	(1)
The Case's Significance	344	(1)
The Miranda Warnings	344	(1)
The Miranda Warnings Are Required by the Constitution, Not Just by Judges	345	(3)
The Miranda Warnings Must Be Given for All Offenses except Routine Traffic Stops	348	(1)
Miranda Is a Protection against Self-Incrimination Case	349	(1)
Miranda Rights May Be Waived	350	(3)
The Waiver Must Be Intelligent and Voluntary	350	(1)
A Waiver "Following the Advice of God" May Be Valid	351	(1)
There Is No Presumption of a Waiver from Silence after the Warnings	352	(1)
An Express Waiver Is Not Required	352	(1)
A Signed Waiver Is Not Required	352	(1)
The Warnings Must Be Repeated after a Prolonged Interruption	352	(1)
A Request for Someone Other Than a Lawyer Is a Waiver	352	(1)
A Waiver May Be Valid Even if a Lawyer Has Been Retained	353	(1)
A Waiver May Be Withdrawn at Any Time	353	(1)
The Prosecution Must Prove Intelligent and Voluntary Waiver	353	(1)
The Miranda Warnings Must Be Given Whenever There Is Custodial Interrogation	354	(5)
When Is a Suspect in Custody?	354	(3)
Situation 1: When the Suspect Is under Arrest	354	(1)
Situation 2: When the Suspect Is Not under Arrest but Is Deprived of Freedom in a Significant Way	355	(2)
When Is a Suspect under Interrogation?	357	(2)
When the Police Ask Questions That Tend to Incriminate	357	(1)
When No Questions Are Asked but the Police Create the Functional Equivalent of an Interrogation	358	(1)
Other Cases Affirming Miranda	359	(3)
Further Questioning about the Same Offense after a Suspect Asks for a Lawyer	359	(1)
Further Questioning about an Unrelated Offense after a Suspect Asks for a Lawyer	360	(1)
Questioning about a Second Offense When Suspect Has a Lawyer for a Different but Related Offense	360	(1)
Questioning a Defendant without a Lawyer after an Indictment	361	(1)
Asking for a Lawyer during the Giving of Miranda Warnings	361	(1)
Other Cases Either Rejecting Miranda or Not Applying Miranda in Full	362	(6)
Police May Question a Suspect on an Unrelated Offense after the Suspect Indicates a Wish to Remain Silent	362	(1)
After a Knowing and Voluntary Waiver, Officers May Continue Questioning until the Suspect Clearly Requests a Lawyer	363	(1)
An Inadmissible Statement May Be Used to Impeach a Defendant's Credibility As Long As It Is Voluntary	364	(1)
A Suspect's Statement May Be Used to Obtain Collateral Derivative Evidence	364	(1)
An Undercover Officer Posing as a Fellow Inmate Need Not Give Miranda Warnings	365	(1)
A Suspect Need Not Be Informed of All Crimes before Interrogation	366	(1)
A Confession Need Not Be Written	366	(1)
A Confession Is Admissible despite the Failure of Police to Inform a Suspect of a Retained Attorney	367	(1)
Situations in Which the Miranda Warnings Are Not Required	368	(3)
When No Questions Are Asked by the Officer	368	(1)
During General On-the-Scene Questioning	368	(1)
When the Statement Is Volunteered	368	(1)
When Questioning a Suspect about Identification	369	(1)
When Questioning Witnesses	369	(1)
In Stop and Frisk Cases	369	(1)
During Lineups, Showups, or Photographic Identifications	369	(1)
When the Statement Is Made to a Private Person	369	(1)
When a Suspect Appears before a Grand Jury	370	(1)
When There Is a Threat to Public Safety	370	(1)
The Harmless Error Rule Applies to Miranda Cases on Appeal	371	(1)
Summary	372
Review Questions 3	73	(301)
Key Terms and Definitions	374	(1)
Principles of Leading Cases	375	(3)
Case Brief	378	(1)
Berkemer v. McCarty	378	(1)
Web Resources	379	(1)
Recommended Readings	379	(1)
Notes	379	(2)
VI. CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT	381	(82)
12. Legal Liabilities and Other Consequences of Police Misconduct	382	(36)
Lawsuits against the Police: An Occupational Hazard	383	(2)
An Overview of Police Legal Liabilities	385	(1)
Criminal Liabilities under Federal and State Penal Codes	386	(2)
Under the Federal Penal Code	386	(1)
Title 18 of the U.S. Code, Section 242-Criminal Liability for Deprivation of Civil Rights	386	(1)
Title 18 of the U.S. Code, Section 241-Criminal Liability for Conspiracy to Deprive a Person of Rights	387	(1)
Title 18 of the U.S. Code, Section 245-Federally Protected Activities	387	(1)
Under State Law	387	(1)
State Penal Code Provisions Aimed Specifically at Public Officers	387	(1)
Regular Penal Code Provisions Punishing Criminal Acts	387	(1)
Civil Liability under Federal Law Section 1983 Cases	388	(5)
The Federal Law	388	(1)
The Requirements of a Section 1983 Lawsuit	389	(1)
Acting under Color of Law	389	(1)
Violation of a Right Given by the U.S. Constitution or by Federal Law	390	(1)
Defenses in Section 1983 Cases	390	(3)
The Good Faith Defense: Harlow v. Fitzgerald	391	(2)
The Probable Cause Defense but Only in Search and Seizure Cases	393	(1)
Civil Liability under State Tort Law	393	(9)
Types of State Tort Cases	393	(7)
Intentional Tort	393	(3)
Negligence Tort	396	(4)
The Defense Often Used in State Tort Cases Is Official Immunity	400	(2)
The Act Is Discretionary	401	(1)
The Officer Acted in Good Faith	401	(1)
The Officer Acted within the Scope of Authority	401	(1)
Federal (Section 1983) and State Tort Cases Distinguished	402	(1)
Defendants in Civil Liability Cases: Legal Representation and Indemnification	402	(4)
The Police Officer as Defendant	402	(1)
Who Will Represent the Officer in a Lawsuit?	402	(1)
Who Will Pay If an Officer Is Held Liable?	403	(1)
The Supervisor as Defendant	403	(2)
The Supervisor Was Personally Involved in the Act	403	(1)
The Supervisor Was Not Personally Involved, but What Happened Can Be Linked to Negligence by the Supervisor	404	(1)
If the Supervisor Violates the Rights of Subordinates (Direct Liability)	404	(1)
The City or County as Defendant	405	(1)
Can the Police Sue Back?	406	(1)
Other Consequences of Police Misconduct	407	(3)
Exclusion of Evidence Illegally Obtained	407	(1)
Administrative Investigations and Sanctions	408	(1)
Loss of Law Enforcement License through Unethical Behavior and Lying	408	(2)
A Final Word-The Other Side	410	(1)
Summary	411	(1)
Review Questions	412	(1)
Key Terms and Definitions	412	(2)
Principles of Leading Cases	414	(2)
Case Brief	416	(1)
Graham v. Connor	416	(1)
Web Resources	417	(1)
Recommended Readings	417	(1)
Notes	417	(1)
13. Constitutional Rights of the Accused during Trial	418	(45)
The Right to a Trial by Jury	420	(5)
Jury Size	420	(1)
Unanimous versus Nonunanimous Verdicts	420	(1)
Serious versus Petty Offenses	421	(1)
Waiver of a Jury Trial	422	(1)
The Selection of a Jury of Peers	422	(1)
Disqualification of Jurors Based on Race	423	(2)
Disqualification of Jurors Based on Gender	425	(1)
The Right to Counsel	425	(8)
Why Is Counsel Needed?	427	(1)
How Is Counsel Obtained?	427	(2)
Retained Counsel	427	(1)
Court-Appointed Counsel	428	(1)
The Responsibility of the Defense Lawyer	429	(1)
The Right to Court-Appointed Counsel during Trial	429	(1)
The Extent of a Defendant's Right to Court-Appointed Counsel in All Criminal Proceedings	429	(1)
The Extent of a Defendant's Right to Confer with Counsel	430	(1)
The Right to Effective Assistance of Counsel	430	(2)
Recent Claims of Ineffective Counsel: A Sleeping Lawyer, a Silent Lawyer, and Lawyer Who Had the Victim as a Client	432	(1)
The Right To Act as One's Own Counsel	433	(1)
The Right to Due Process	433	(3)
The Brady Rule on Disclosure of Evidence to the Accused	434	(1)
Cases after Brady	434	(2)
The Right to Protection against Self-Incrimination	436	(4)
The Scope of the Provision: Testimonial versus Physical	436	(1)
Two Separate Privileges during Trial	437	(1)
The Privilege of the Accused	437	(1)
The Privilege of a Witness	437	(1)
The Grant of Immunity	438	(1)
Transactional versus Use and Derivative Use Immunity	439	(1)
How Is the Right Waived?	440	(1)
The Right to Protection against Double Jeopardy	440	(5)
What Is Double Jeopardy?	440	(1)
When Does Double Jeopardy Start?	441	(1)
When Is Double Jeopardy Waived?	441	(1)
In Mistrials	441	(1)
When a Verdict of Conviction Is Set Aside on a Defendant's Motion or Appeal	441	(1)
In Habeas Corpus Cases	442	(1)
What Does Same Offense Mean?	442	(1)
What Does Lesser Included Offense Mean?	443	(1)
Prosecution for a Higher Offense after Conviction for a Lesser Included Offense	444	(1)
Prosecution for the Same Offense by Two States	444	(1)
The Right to Confront Witnesses	445	(1)
The Right to Cross-Examine Opposing Witnesses	445	(1)
The Right to Physical Presence during Trial	445	(1)
Deliberate Absence	445	(1)
Disruptive Conduct in the Courtroom	445	(1)
The Right to Face Witnesses at Trial	446	(1)
The Right to Know the Identity of Prosecution Witnesses	446	(1)
The Right to Compulsory Process to Obtain Witnesses	446	(1)
The Right to a Speedy and Public Trial	447	(2)
What Is a Speedy Trial?	447	(1)
What Is a Public Trial?	448	(1)
The Right to a Fair and Impartial Trial	449	(1)
Prejudicial Publicity Is Prohibited	449	(1)
Controlling Prejudicial Publicity	449	(1)
Change of Venue	449	(1)
Sequestration	449	(1)
Continuance	449	(1)
Issuance of a Gag Rule	450	(1)
Control of the Press	450	(1)
The Right to Proof of Guilt beyond a Reasonable Doubt	450	(3)
What Must Be Proved?	450	(1)
What Is Reasonable Doubt?	451	(2)
Summary	453	(2)
Review Questions	455	(1)
Key Terms and Definitions	455	(1)
Principles of Leading Cases	456	(5)
Case Brief	461	(1)
J.E.B. v. Alabama	461	(1)
Web Resources	462	(1)
Recommended Readings	462	(1)
Notes	462	(1)
Appendix A: Guide to Case Briefing	463	(2)
Appendix B: The Case of Minnesota v. Dickerson-A Full Reprint	465	(10)
Appendix C: Thirty Suggestions on How to Be an Effective Witness	475	(4)
Appendix D: The Constitution of the United States	479	(12)
Appendix E: Table of Cases	491	(10)
Glossary	501	(10)
Index	511