Acknowledgments | p. xi |
Note Concerning Citations | p. xiii |
About the Author | p. xv |
Investigative Detention | p. 1 |
Introduction | p. 2 |
Voluntary Encounters | p. 2 |
Street contacts | p. 2 |
Community Caretaking | p. 4 |
Investigative Detention | p. 4 |
Reasonable suspicion | p. 4 |
What constitutes a "seizure"? | p. 4 |
What does "reasonable suspicion" mean? | p. 6 |
Can an officer demand that a person identify himself? | p. 7 |
How long may a reasonable suspicion detention last? | p. 9 |
Sources of reasonable suspicion | p. 9 |
Homeland security detentions | p. 12 |
Informant issues | p. 14 |
Detentions for Identification | p. 16 |
Distinguishing detention basis from frisk basis | p. 17 |
Terry v. Ohio | p. 18 |
Plain touch in the course of a Terry frisk | p. 21 |
Use of force to detain and to frisk | p. 22 |
Traffic Detentions | p. 25 |
Introduction | p. 26 |
Initial Detention | p. 26 |
Reasonable suspicion of a violation | p. 25 |
Length and scope of detention | p. 30 |
Pretextual Detentions | p. 34 |
United States v. Whren | p. 34 |
Tension between pretext stops and profiling stops | p. 35 |
Stops based on drug courier profiles | p. 36 |
Stops based on terrorist profiles | p. 37 |
Stops based on anonymous tips of impaired driving or other violations | p. 37 |
After the Initial Detention | p. 38 |
Questioning about non-traffic matters | p. 38 |
Asking about drugs and alcohol | p. 40 |
Drug interdiction indicators | p. 41 |
Seeking consent to search | p. 45 |
Ordering driver and occupants out of the car or to remain in the car | p. 48 |
Stopping passengers from walking away from a traffic detention | p. 49 |
Identification and warrant checks for passengers | p. 50 |
Vehicle "frisks" | p. 52 |
Canine sniffs | p. 54 |
Roadblocks | p. 55 |
Michigan v. Sitz | p. 55 |
Investigative roadblocks | p. 56 |
Administrative traffic checkpoints | p. 57 |
Avoiding a checkpoint as a basis for detention | p. 59 |
Public housing checkpoints | p. 60 |
Roadblock ruse operations | p. 60 |
"Hand-off" or "wall stops" | p. 61 |
Arrest | p. 63 |
Introduction | p. 64 |
Making an Arrest | p. 64 |
Defining an arrest and when an arrest is considered to have been effected | p. 64 |
Defining probable cause | p. 67 |
Sources of probable cause to arrest | p. 68 |
Constructive possession and probable cause to arrest | p. 69 |
Misdemeanor arrests | p. 71 |
Felony arrests | p. 74 |
Use and preparation of arrest warrants | p. 74 |
Place of arrest | p. 75 |
Exceptions to the rule of Payton and Steagald: Consent, exigency, and hot pursuit | p. 77 |
Fresh pursuit and peace officer authority | p. 80 |
Vienna Convention arrest and detention issues | p. 81 |
Diplomatic immunity | p. 83 |
Fingerprinting and photographing | p. 84 |
Use of Force | p. 85 |
Force to make a felony arrest | p. 86 |
Excessive force | p. 87 |
Force to make a misdemeanor arrest | p. 87 |
Force to maintain order or gain compliance | p. 87 |
Force in an officer's self-defense | p. 88 |
Resisting arrest | p. 89 |
Deadly force against a stun gun or pepper spray | p. 90 |
Measuring the appropriate application of force | p. 91 |
Force to enter a suspect's home | p. 93 |
Force to enter a third party's home | p. 95 |
Specialized applications of force | p. 96 |
Alternative force tools | p. 97 |
Use of force to obtain evidence | p. 99 |
Use of force in correctional facilities | p. 101 |
Reporting use of force | p. 102 |
Consequences of improper use of force | p. 102 |
Interview and Interrogation | p. 105 |
The Fifth Amendment and Miranda | p. 106 |
Voluntariness of the confession | p. 106 |
Custody | p. 111 |
Interrogation | p. 114 |
"Question first, Miranda second" | p. 117 |
Form of warnings | p. 119 |
What constitutes an effective waiver of Miranda rights | p. 119 |
Voluntariness of waiver of Miranda rights | p. 120 |
Equivocal answers and requests for counsel | p. 121 |
Repeated attempts at interrogation | p. 122 |
When warnings are not essential | p. 124 |
Jailhouse informants | p. 126 |
Miranda for incarcerated persons suspected of new crimes | p. 127 |
Miranda issues for probationers/parolees | p. 128 |
Speaking with a formally charged and/or represented suspect | p. 129 |
Non-testimonial evidence | p. 130 |
Exclusionary rule applied to Miranda violation | p. 131 |
Use of statements taken without Miranda warnings | p. 131 |
Interrogation Flow Chart | p. 132 |
Search and Seizure | p. 133 |
Constitutional Parameters of Warrants and Warrantless Searches | p. 134 |
What constitutes a "search" under the Fourth Amendment? | p. 134 |
Activities considered not to be searches | p. 135 |
Abandoned property | p. 135 |
Canine sniff | p. 137 |
Open field | p. 138 |
Aerial surveillance | p. 140 |
Plain view | p. 141 |
Plain smell | p. 143 |
Plain hearing | p. 144 |
Private citizen search | p. 145 |
Field test | p. 146 |
Overview of Warrant Clause Exceptions | p. 146 |
Consent | p. 146 |
Automobile | p. 151 |
Plain touch | p. 154 |
Search incident to a lawful arrest | p. 155 |
Administrative searches | p. 157 |
Administrative searches of personal effects, desks, and lockers | p. 158 |
Administrative security screening | p. 160 |
Inventory and community care-taking | p. 162 |
Exigent circumstances | p. 163 |
Evanescent evidence | p. 167 |
Special government needs | p. 169 |
Probation and parole searches | p. 170 |
Inmate and cell searches | p. 171 |
Visitor searches | p. 172 |
Miscellaneous exceptions | p. 173 |
Interrogation Flow Chart | p. 174 |
Search Warrants | p. 179 |
Search warrant terminology | p. 181 |
Burden of proof for warrantless searches versus warrant searches | p. 181 |
Defendant's burden to show material false statements or reckless disregard for the truth by the officer | p. 181 |
Challenges to the warrant | p. 182 |
The Fourth Amendment exclusionary rule | p. 183 |
The "good faith" exception to the exclusionary rule | p. 183 |
Constitutional definition of probable cause | p. 184 |
Sources of probable cause information and reliability | p. 185 |
Staleness of information | p. 189 |
Basis of knowledge for the information | p. 191 |
Physical evidence | p. 192 |
Anticipatory Search Warrants | p. 192 |
Particularity Requirements in Drafting Warrants | p. 193 |
"Particularly describing the place to be searched" | p. 193 |
Harmony of affidavit and warrant | p. 195 |
Use of diagrams and photographs | p. 196 |
Obtaining a description without committing criminal trespass | p. 196 |
Special concerns of rural addresses, apartments, multi-story buildings, businesses, automobiles | p. 196 |
Search Warrant for "All Persons Present" | p. 197 |
"Particularly describing the persons or things to be seized" | p. 198 |
Targets: Evidence, Contraband, Instrumentalities, and Fruits | p. 200 |
Concerns with documentary evidence | p. 200 |
The Affidavit | p. 201 |
The affiant's professional resume | p. 201 |
Describing the crime and connecting the crime to the items sought | p. 202 |
A short course in grammar and power writing | p. 203 |
Execution Concerns | p. 206 |
Scope of the search warrant defining the warrant search | p. 206 |
The area of the search | p. 207 |
The extent of the search | p. 208 |
Nighttime warrants | p. 210 |
Notice and no-knock warrants | p. 211 |
Remotely communicated warrant procedure | p. 214 |
Protective sweep of the premises | p. 216 |
Searches of persons present, leaving and arriving | p. 217 |
Plain view discoveries during execution | p. 219 |
Strip-searches and body cavity searches | p. 219 |
Computer searches | p. 220 |
Surreptitious entry warrants | p. 225 |
Who may assist in executing the warrant | p. 225 |
Service of the warrant document | p. 227 |
Receipt required for all seized goods | p. 227 |
Return of service | p. 227 |
Search Warrant Flow Chart | p. 229 |
Electronic Media Concerns | p. 231 |
Wiretap requirements | p. 233 |
Minimization | p. 235 |
Pen registers | p. 236 |
Stored voice mail and e-mail | p. 237 |
One-party consensual monitoring | p. 238 |
Computer keyboard key logging | p. 238 |
Silent video monitoring | p. 239 |
Interception of cellular phone calls | p. 239 |
Viewing pager and cell phone memories | p. 240 |
Body wires and video cameras | p. 240 |
Undisclosed audiotaping while sitting in a patrol car | p. 241 |
Bumper beepers | p. 241 |
Global positioning satellite tracking devices | p. 241 |
Parcel-tracking devices | p. 242 |
Cell phone tracking | p. 242 |
Pole cameras | p. 244 |
Canine Search and Seizure | p. 245 |
Probable cause on a silver platter | p. 246 |
A sniff is not a search | p. 246 |
Vehicle sniffs | p. 248 |
Vehicle searches | p. 248 |
Impounded vehicles | p. 249 |
Roadblocks | p. 249 |
Bus interdiction | p. 250 |
Public parking lots and cars parked on public streets | p. 250 |
School property and parking lots | p. 251 |
School lockers | p. 251 |
Package interdiction | p. 252 |
Vehicle sniffs | p. 253 |
Currency sniffs | p. 253 |
Homes | p. 254 |
Jail and prison sniffs | p. 255 |
Boat interdiction | p. 255 |
Storage lockers | p. 255 |
Sniffs of persons | p. 256 |
Detaining a vehicle to wait for a detector dog | p. 256 |
Establishing reliability of the detector dog | p. 257 |
Tracking dog evidence | p. 259 |
Arson-detector dog evidence | p. 259 |
Canine Use of Force | p. 261 |
Find and bite, or find and bark? | p. 262 |
Liability for a service dog bite | p. 263 |
Are police service dogs equal to deadly force? | p. 264 |
Misdemeanors | p. 265 |
Felonies | p. 268 |
Warnings | p. 269 |
Unintended bites | p. 270 |
Liability protection | p. 271 |
Appendices | p. 273 |
Homicide and Violent Assault First Responder Checklist | p. 273 |
Officer-Involved Fatality Checklist | p. 278 |
In-Custody Death Checklist | p. 283 |
Asset Forfeiture Investigation | p. 289 |
Basic Spanish | p. 294 |
VCCR Mandatory Notification Nations | p. 311 |
State Department Contact Information | p. 314 |
Sample Descriptions and Nexus Paragraphs | p. 315 |
Telephonic Warrant Form | p. 321 |
Affiant Training and Experience Resume Guide | p. 324 |
Location Description Guides | p. 325 |
Quick Checklist for Search Warrant Affidavit | p. 327 |
Table of Cases | p. 329 |
Index | p. 377 |
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