Criminal Procedure : Theory and Practice

by Ingram, Jefferson L.

• ISBN13: 9780130987600
• ISBN10: 0130987603
• Edition: 1st
• Format: Hardcover
• Copyright: 2005-01-01
• Publisher: Prentice Hall

Summary

Criminal Procedure: Theory and Practice offers an extensive presentation of the state of the law. The cases presented provide the proper historical context in order to understand the philosophy behind the law. The facts of every case have been rewritten, presenting each student with a concise understanding of the specifics relating to each criminal procedure point covered. Following each case, the book presents additional materials that may challenge the student to apply the newly-learned principles to a novel fact pattern and presents many excerpted cases suitable for class interaction and discussion. The text offers an opportunity for the student to develop an enhanced understanding of criminal procedure through a practical and logical presentation. When appropriate, the text interrelates proper lessons of history that influenced the development of criminal procedure. Coverage of developing legal theories like the Miranda principles provide an understanding of how these case laws developed and how these principles may evolve. Students and instructors can remain on the cutting edge of criminal procedure by going to www.criminalprocedurebyingram.com. This site, updated monthly, will provide information on newly decided cases on criminal procedure as well as updated case presentations. This website will serve as a current, up to the moment supplement through the life of this edition.

Table of Contents

Introduction to the Criminal Process: History and Overview of Criminal Procedure

Fourth Amendment Standards: Probable Cause to Search, Warrants and Exceptions

Introduction and History: Generally

The Fourth Amendment: Probable Cause to Search

Specificity of Search; Particularity of Description

Requirement of a Warrant

Sources of Probable Cause: The Informant

The Demise of the Two-Pronged Test

Sources of Probable Cause: Police Officers and Others

The Affidavit for a Warrant

The Search Warrant: A Court Order

The Search Warrant: The Time of Execution

Fourth Amendment Requirement: Knock and Announce

Scope of Search

Stale Probable Cause

Warrant Not Always Required for Searches

Suspicionless Searches of Private and Government Employees

Warrantless and Suspicionless Searches at Schools

Warrantless Searches of Political Candidates Rejected

Stop and Frisk: The Legal Standards

Introduction to Stop and Frisk

Stop and Frisk

The Terry Legal Standard

Facts Indicating Unusual Conduct

Facts upon Seeing an Officer as Unusual Conduct

Frisk May Not Always Allow Additional Search

Terry Stops under a Drug Courier Profile

Subject Must Be Aware of Officer's Status

Officer Must Have Reason to Believe that the Person May Be Armed and Dangerous

Investigation Must Not Dispel the Fear that the Subject May Be Armed and Dangerous

The Plain Feel Doctrine

Expansion of Terry to Individuals not under Suspicion

Arrest and Seizure of the Person

Probable Cause Arrests: The Legal Standard

The Concept of Probable Cause for Arrest

Plain Meaning of the Fourth Amendment

Probable Cause Defined

Sources of Probable Cause to Arrest

Stale Probable Cause

Arrest Pursuant to a Warrant

Requirements for Arrest without a Warrant

Requirements for Arrests within the Home

Requirements for Arrests within a Third Party's Home

Fourth Amendment Searches and Seizures: Houses, Persons, Motor Vehicles and Effects

Searches of Houses

Warrant to Search and Arrest Inside the Home

Modern Technology and Warrantless Home Searches

Search Incident to Arrest

Searches of Motor Vehicles

Vehicle Searches Generally Do Not Require Warrants

Limited Vehicle Searches on Less than Probable Cause

Vehicle Inventory Searches

Scope of Motor Vehicle Search

Scope of Search of Containers within Motor Vehicles

Other Theories of Vehicle Searches and Seizures

Searches Following Vehicle Forfeitures

Searches Based on Consent

Requirements for the Plain View Doctrine

Inadvertent Discovery: No Longer Required

Officer Needs to be Lawfully Present

The Plain Feel Doctrine

Special Problem Searches: Administrative, Inventory, School, Work, Airport, and Border searches

Introduction to Administrative, Inventory, School, Airport, and Work Searches

Administrative Searches

Administrative Searches of Ordinary Businesses and Industries

Administrative Searches of Closely Regulated Industries

Ordinary Commercial Search: Warrant Required

Administrative Searches of Homes: No Warrant Originally Required

A Change in Requirements: Searches of Private Premises Require Warrants

Administrative Searches: Reasonable under the Fourth Amendment

Inventory Searches: Probable Cause not Required

Vehicle Inventory Searches

Inventory Searches of Motor Vehicles: Written Policy Required

Inventory Searches of Personal Property

School Searches Must Be Based on Fourth Amendment Reasonableness

Public School Drug Testing: An Extension of Acton

Government Searches in the Workplace

Government Mandated Private Employer Searches

Airport Searches

Border Searches

Border Search Sum

Table of Contents provided by Publisher. All Rights Reserved.

Excerpts

The field of criminal procedure provides part of the matrix of fairness and justice which promotes equality of treatment for persons accused of crime and, therefore, occupies an important position in the field of criminal justice. Since its genesis comes from both the Constitution of the United States and the constitutions of the several States, its substance and application will vary in some fashion from jurisdiction to jurisdiction. The decisions made by the Supreme Court of the United States, when speaking on federal constitutional issues, are binding on state criminal justice practice. Although constitutional decisions are mandatory on the states, such decisions dictate the minimal legal protections required under our federal system. Every state may go beyond the basic federal guarantees by offering an accused greater state constitutional rights and may grant enhanced criminal procedure protections based on state constitutional and statutory law. The constitutional and statutory rules that make up the body of law known as criminal procedure regulate the way both state and federal governments must treat persons accused or suspected of committing crimes, Rules dictating the way law-enforcement officials interact with individuals who are mere suspects for particular crimes restrain the activities and approaches that can be followed prior to the initiation of formal criminal prosecutions. When investigations have moved beyond their initial stages to the point where criminal suspects have been identified, the rules of criminal procedure provide a road map which all law enforcement officials must follow. Where law enforcement officials fail to observe recognized criminal procedural rules, such deviation may jeopardize any eventual successful criminal prosecution by opening the conviction to appellate attack. Similarly, when the law enforcement officials have turned their work product over to the prosecutor's office, the personnel presenting the government's case must carefully follow additional rules regulating fair conduct in order to accord due process to criminal accused. Defense attorneys have a role within the rules of criminal procedure to insure that the government has played fairly during the investigation, pretrial and trial phases and the attorneys for defendants possess an obligation to provide a vigorous defense consistent with the Constitution and state rules and regulations. During criminal trials, judges must carefully weigh the arguments of the contending parties, whether they are arguing over criminal procedural issues relative to the admission of evidence or whether the attorneys are contending over more traditional admission of evidence under evidence codes. Whether a judge presides over pretrial issues, the trial itself, post-trial motions, or serves on an appellate panel reviewing what trial level judicial decisions, every judge possesses a duty of due process to both the prosecution and to the defense. Roughly translated, due process implies fundamental fairness and fair dealing during all important portions of the criminal justice process. The study of criminal procedure traditionally follows a case method of instruction where the students read previously decided criminal cases which instruct by using concrete examples covering criminal procedure issues. The largest developments and changes and corrections in the criminal procedure have generally come from landmark case decisions of the Supreme Court of the United States. Implementation of the rules contained within Supreme Court case decisions has largely been delegated to state legal systems where state courts have developed slightly divergent interpretations and applications of these legal principles. The Federal Rules of Criminal Procedure and state rules of criminal procedure owe much of their content to the codification of legal principles announced by the Supreme Court of the United States and to common law practice. While