Criminal Procedure Law and Practice

ISBN-10: 0495006009

ISBN-13: 9780495006008

Edition: 7th 2007 (Revised)

List price: $189.95
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Description:

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.
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Book details

List price: $189.95
Edition: 7th
Copyright year: 2007
Publisher: Wadsworth
Publication date: 7/12/2006
Binding: Hardcover
Pages: 640
Size: 7.75" wide x 9.50" long x 1.00" tall
Weight: 2.398
Language: English

Preface
Introduction
The Court System, Court Cases, and Sources of Rights
Introduction
The Structure of the Court System
The Federal Court System
The State Court System
The Territorial Effect of Judicial Decisions
Judicial Precedent (Stare Decisis)
Federal versus State Jurisdiction
Jurisdiction versus Venue
Court Cases
Case Citations
Internet Sources
How to Brief a Case
Sources of Rights
Constitutions
Statutory Law
Case Law
Court Rules
The Incorporation Controversy: Does the Bill of Rights Apply to the States?
Background
Approaches to Incorporation
Case Brief: Duncan v. Louisiana (1968)
Rights Held to Be Fundamental and Incorporated
Rights Not Incorporated
Nationalization of the Bill of Rights
The Judicial Review Doctrine
The Rule of Law
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
Recommended Readings
Notes
Overview of the Criminal Justice Process
Introduction
The Procedure before Trial
The Filing of a Complaint
The Arrest
Booking at the Police Station
Initial Appearance before a Magistrate after the Arrest
The Setting of Bail
The Preliminary Hearing
The Decision by the Prosecutor to Charge
Grand Jury Indictment versus an Information
The Arraignment
The Plea by the Defendant
Plea Bargains
Case Brief: Santobello v. New York (1971)
The Procedure during Trial
The Selection of Jurors
Opening Statements by the Prosecution
Opening Statements by the Defense
Presentation of the Case for the Prosecution
Presentation of the Case for the Defense
Rebuttal Evidence
Closing Arguments
Defense Motions Prior to the Verdict
The Judge's Instructions to the Jury
Jury Deliberation
The Verdict-Guilty or Not Guilty
The Procedure after Trial
Sentencing
Appeal
Habeas Corpus
Beware: The Procedure in Your Jurisdiction May Differ
Application to Felony Cases
Variation among States
Variation within a State
Theory versus Reality
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
Recommended Readings
Notes
Levels of Proof and the Exclusionary Rule
Probable Cause and Reasonable Suspicion
Introduction
Probable Cause
Probable Cause Defined
A "Man of Reasonable Caution"
A Practical Definition-More than 50 Percent Certainty
The Definition of Probable Cause Is the Same in All Areas of Police Work
Arrests of Persons versus Search and Seizure of Property
With a Warrant versus without a Warrant
The Advantages of Obtaining a Warrant
Determining Probable Cause
Establishing Probable Cause by What Is Found after an Illegal Act
What Can Be Used to Establish Probable Cause
How Probable Cause Is Established
Case Brief: Spinelli v. United States (1969)
Probable Cause and Motor Vehicle Passengers
Reasonable Suspicion
Reasonable Suspicion Defined
Case Brief: Alabama v. White (1990)
The Totality of Circumstances
Probable Cause and Reasonable Suspicion Compared
Appealing a Finding of Probable Cause or Reasonable Suspicion
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
The Exclusionary Rule
Introduction
The Exclusionary Rule
The Exclusionary Rule Defined
The Purpose of the Rule
A Judge-Made Rule
Historical Development
The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio
Case Brief: Mapp v. Ohio (1961)
Procedures for Invoking the Exclusionary Rule
In Pretrial Motions and during the Trial
On Appeal
In Habeas Corpus Proceedings
"Standing" and the Exclusion of Illegally Seized Evidence
Determining What Is Inadmissible
Illegally Seized Evidence
Fruit of the Poisonous Tree
Exceptions to the Exclusionary Rule
The Good Faith Exceptions
Case Brief: Arizona v. Evans (1995)
The Inevitable Discovery Exception
The Purged Taint Exception
The Independent Source Exception
Proceedings to which the Rule Does Not Apply
In Private Searches
In Grand Jury Investigations
In Sentencing
In Violations of Agency Rules Only
In Noncriminal Proceedings
In Parole Revocation Hearings
Arguments in Support of the Exclusionary Rule
Arguments against the Exclusionary Rule
Alternatives to the Exclusionary Rule
The Future of the Exclusionary Rule: It Is Here to Stay
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Searches and Seizures of Persons
Stop and Frisk and Stationhouse Detention
Introduction
Stop and Frisk
Issue and Origin
The Leading Case in Stop and Frisk: Terry v. Ohio
The Guidelines
Case Brief: Terry v. Ohio (1968)
The Need for Reasonable Suspicion
Stop and Frisk: Two Separate Acts, Not One Continuous Act
The Stop
Case Brief: Hiibel v. Sixth Judicial District Court of Nevada (2004)
The Frisk
The Distinctions between Stop and Frisk and Arrest
Other Applications of Stop and Frisk
Application to Motor Vehicles
Application to Weapons in a Car
Application to Residences
Stationhouse Detention
For Fingerprinting
For Interrogation
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Arrests, Use of Force, and Responses to Terrorism
Introduction
The Broad Picture: Seizures of Persons
Seizure and the Fourth Amendment
Arrest: Just One Form of Seizure
The Top Ten Degrees of Intrusiveness in Searches and Seizures of Persons
The Appropriate Test for Determining Seizure
Arrest Defined
Forced Detention and Arrest
The Length of Detention and Arrest
The Elements of an Arrest
Seizure and Detention
The Intention to Arrest
Arrest Authority
Understanding by the Arrestee
Arrests with a Warrant
When a Warrant Is Needed
The Issuance of a Warrant
Case Brief: Payton v. New York (1980)
The Contents of a Warrant
The Service of a Warrant
The Time of the Arrest
The Possession and Expiration of a Warrant
Legal Authorization Other than an Arrest Warrant
Arrests without a Warrant
Felonies Committed in the Presence of Officers
Misdemeanors Committed in the Presence of Officers
Crimes Committed in Public Places
When Exigent (Emergency) Circumstances Are Present
When There Is Danger to the Arresting Officer
What the Police May Do after an Arrest
Search the Arrestee
Search the Area of Immediate Control
Search the Motor Vehicle Even If the Initial Contact and Arrest of the Driver Took Place Outside the Vehicle
Search the Passenger Compartment of a Motor Vehicle
Use Handcuffs Subject to Departmental Policy
Monitor the Movement of the Arrestee
Search the Arrestee at the Place of Detention
What the Police Cannot Do during an Arrest
Enter Third-Party Residences, Except in Exigent Circumstances
Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion
Conduct a Warrantless Protective Sweep Unless Justified
Invite the Media to "Ride Along"
The Announcement Requirement
The General Rule: Knock and Announce Required
The Exceptions and Other Rules
Other Arrest Issues
Detaining a Suspect While Obtaining a Warrant
Arrests for Traffic Violations or Petty Offenses
Arrests for Offenses Not Punishable by Prison or Jail Time
Case Brief: Atwater v. City of Lago Vista (2001)
The Validity of a Citizen's Arrest
The Disposition of Prisoners after Arrest
Booking
The First Appearance before a Magistrate
Bail
The Use of Force during an Arrest
The Factors Governing Police Use of Force
Nondeadly and Deadly Force Distinguished
The Rule on the Use of Nondeadly Force
The Rule on the Use of Deadly Force
Responses to Terrorism
The USA Patriot Act of 2001
The USA Patriot Act of 2006
The Law Creating the Department of Homeland Security
The INS Special Registration Program for Foreigners
Legal Issues Arising from Responses to Terrorism
Prospects
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Searches and Seizures of Property
Searches and Seizures of Things and Electronic Surveillance
Introduction
Searches and Seizures and the Right to Privacy
The Right to Privacy: A Constitutional Right?
The Meaning of "Reasonable Expectation of Privacy"
Definitions and General Rule
Search Defined
Seizure Defined
The General Rule for Searches and Seizures
Things Subject to Search and Seizure
Search and Seizure with a Warrant
Requirements
The Procedure for Serving a Warrant
The Announcement Requirement
The Scope of Search and Seizure
The Time Allowed for a Search
The Procedure after the Search
Comparison of Search Warrants and Arrest Warrants
Search and Seizure without a Warrant
The Searches Incident to Lawful Arrest Exception
The Searches with Consent Exception
Case Brief: Chimel v. California (1969)
The Special Needs beyond Law Enforcement Exception
The Exigent (Emergency) Circumstances Exception
The Administrative Searches and Inspections Exception
Specific Search and Seizure Issues
Searches and Seizures of Students
Squeezing Luggage in a Bus
The Temporary Restraint of a Suspect
Searches and Seizures by Private Persons
Searches by Off-Duty Officers
The Use of Police Dogs for Detection of Drugs
Surgery to Remove a Bullet from a Suspect
Issues in Searches and Seizures and Technology
Evolving Concepts in Electronic Surveillance
Case Brief: Katz v. United States (1967)
Three Federal Laws Governing Electronic Surveillance
Searches and Seizures of Computers
Electronic Devices that Do Not Intercept Communication
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Motor Vehicle Stops, Searches, and Inventories
Introduction
Vehicle Stops
The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required
Roadblocks: An Exception to the "Reasonable Suspicion" Requirement
What an Officer May Do after a Vehicle Stop
Traffic Stops as Pretexts for Vehicle Searches
Vehicle Stops Based on Racial Profiles Alone
Consensual Searches and the Freedom to Leave
Arrest for a Minor (Nonjailable) Traffic Offense
The Arrests of Passengers in a Vehicle
Vehicle Searches
The Earliest Case on Vehicle Searches and Warrants: Carroll v. United States
Case Brief: Carroll v. United States (1925)
Warrantless Vehicle Searches
Automatic Searches during the Issuance of Traffic Citations
Searches of Passenger Compartments
Searches of the Passenger Compartment after a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested
Warrantless Searches of Trunks and Closed Packages Found in Trunks
Case Brief: United States v. Ross (1982)
Searches of Locked Trunks or Glove Compartments
Dog Sniffs after a Traffic Stop
Searches that Are Not Contemporaneous
Warrantless Searches When There Is Time to Obtain a Warrant
The Extent of Car Searches and the Objective Reasonableness Rule
Warrantless Searches of Containers in a Car
Seizures of Vehicles Found in Public Places
Searches of Motor Homes without a Warrant
The Use of Beepers to Detect Cars
Immigration and Border Searches of Vehicles
Other Valid Car Searches
Vehicle Inventory Searches
Warrantless Vehicle Inventory Searches Immediately after an Arrest
Warrantless Inventory Searches of Vehicles Impounded by Police
The Importance of State Laws and Departmental Policies
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Searches and Seizures Not Fully Protected by the Fourth Amendment: Plain View, Open Fields, Abandonment, and Border Searches
Introduction
The Plain View Doctrine
Plain View Defined
Requirements of the Plain View Doctrine
Situations in which the Plain View Doctrine Applies
Plain View: One of Many Justifications for Admission of Evidence in Court
Inadvertence No Longer Required: Horton v. California
Case Brief: Horton v. California (1990)
Plain View and Open Spaces
Plain View and Motor Vehicles
Plain View and the Use of Mechanical Devices
Comparison between Plain View and Open View
Comparison between Plain View and Plain Touch
Comparison between Plain View and Plain Odor
The Open Fields Doctrine
The Open Fields Doctrine Defined
Areas Not Included in Open Fields
Curtilage
Open Fields Despite a Locked Gate and a "No Trespassing" Sign: Oliver v. United States
Open Fields and the Use of Sense-Enhancement Technology
Case Brief: Oliver v. United States (1984)
Open Fields and the Use of Electronic Beepers: The Knotts and Karo Cases
Comparison between Open Fields and Plain View
Abandonment
Abandonment Defined
Factors that Determine When Items Are Considered Abandoned
Abandonment of Motor Vehicles
Police Actions and Abandonment
Comparison between Abandonment and Plain View
Border Searches
Fourth Amendment Rules Applied Differently in Immigration and Border Searches
Roving Patrols Searching Vehicles Away from the Border
Stopping Vehicles at Fixed Checkpoints
Disassembling the Gas Tank of a Motor Vehicle
The Forced Temporary Detention of Aliens Believed to Be Illegal
Factory Surveys of Aliens
The Detention of Alimentary Canal Smugglers
Summary of Case Law for Border Stops and Searches
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Identifications, Confessions, and Admissions
Lineups and Other Means of Pretrial Identification
Introduction
Lineups
The Right to Counsel during Lineups
Case Brief: Kirby v. Illinois (1972)
Case Brief: United States v. Wade (1967)
The Right to Due Process Applies
No Right against Unreasonable Searches and Seizures
No Right against Self-Incrimination
Showups
The Right to Counsel during Showups
The Right to Due Process Applies
No Right against Unreasonable Searches and Seizures
No Right against Self-Incrimination
Photographic Identifications
No Right to Counsel
The Right to Due Process Applies
No Right against Unreasonable Searches and Seizures
No Right against Self-Incrimination
Problems with Eyewitness Identification
"Hopelessly Unreliable?"
No Prescribed Guidelines
Eyewitness Identification Guidelines from the U.S. Department of Justice
For Lineups
For Showups
For Photographic Identifications
Other Means of Identifying Suspects
DNA Testing: Results Admissible into Evidence
Polygraph Examinations: Results Not Admissible
Breathalyzer Tests: Results Admissible
Handwriting Samples: Results Admissible
Hair Samples: Results Admissible
Brain Fingerprinting: Too Early to Tell
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Confessions and Admissions: Miranda v. Arizona
Introduction
Before Miranda: Only Voluntary Confessions Were Admissible
Voluntary Confessions
U.S. Supreme Court Cases before Miranda v. Arizona
After Miranda: The Three-Question Test for Admissibility
The Basics of Miranda v. Arizona
The Case
The Miranda Warnings
The Miranda Warnings: Required by the Constitution, Not Just by Judges
The Miranda Warnings: Must Be Given for All Offenses Except Routine Traffic Stops
Case Brief: Berkemer v. McCarty (1984)
Distinguishing the Miranda Warnings from the Right to Counsel
The Miranda Rights: May Only Be Waived Knowingly and Intelligently
Custodial Interrogation: When the Miranda Warnings Must Always Be Given
Custody
Interrogation
Other Situations and Decisions on the Miranda Warnings
Situations in which the Miranda Warnings Are Required
Case Brief: Missouri v. Seibert (2004)
Situations Not Requiring or Not Fully Applying the Miranda Warnings
Situations in which the Miranda Warnings Are Not Needed
The Harmless Error Rule and Miranda Cases on Appeal: Arizona v. Fulminante
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Constitutional Rights and the Consequences of Police Misconduct
Constitutional Rights of the Accused during the Trial
Introduction
The Right to a Trial by Jury
Jury Size
Unanimous versus Nonunanimous Verdicts
Serious versus Petty Offenses
Waiver of a Jury Trial
The Selection of a Jury of Peers
The Disqualification of Jurors Based on Race
The Disqualification of Jurors Based on Gender
Case Brief: J. E. B. v. Alabama (1994)
The Constitutionality of "Death-Qualified Juries"
Case Brief: Lockhart v. McCree (1986)
The Strengthening of the Role of Juries in Sentencing
The Right to Counsel
Why Counsel Is Needed
How Counsel Is Obtained
The Responsibility of the Defense Lawyer
The Right to Court-Appointed Counsel during the Trial
The Difficulty of Proving Ineffective Assistance of Counsel
Claims of Ineffective Counsel in Death Penalty Cases
The Right to Act as One's Own Counsel
The Right to Due Process
The Brady Rule on Disclosure of Evidence to the Accused
Cases after Brady
The Right against Self-Incrimination
The Scope of the Provision: Testimonial, Not Physical
Two Separate Privileges during Trials: The Accused and the Witness
The Grant of Immunity
Comparison between Transactional Immunity and Use and Derivative Use Immunity
How the Right Is Waived
The Right to Protection against Double Jeopardy
What Double Jeopardy Means
When Double Jeopardy Starts
When Double Jeopardy Is Waived
What Same Offense Means
What Lesser Included Offense Means
The Constitutionality of Prosecution for a Higher Offense after Conviction for a Lesser Included Offense
The Constitutionality of Prosecution for the Same Offense by Two States
The Right to Confront Witnesses
The Right to Cross-Examine Opposing Witnesses
The Right to Physical Presence during the Trial
The Right to Face Witnesses at Trial
The Right to Know the Identity of Prosecution Witnesses
The Right to Compulsory Process to Obtain Witnesses
The Right to a Speedy and Public Trial
A Speedy Trial
A Public Trial
The Right to a Fair and Impartial Trial
The Prohibition of Prejudicial Publicity
Controlling Prejudicial Publicity
The Right to Proof of Guilt beyond a Reasonable Doubt
What Must Be Proved
Reasonable Doubt
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Legal Liabilities and Other Consequences of Police Misconduct
Introduction
Lawsuits against the Police: An Occupational Hazard
An Overview of Police Legal Liabilities
Civil Liability under Federal Law-Section 1983 Cases
The Federal Law
The Elements of a Section 1983 Lawsuit
Case Brief: Town of Castle Rock v. Gonzales (2005)
Defenses in Section 1983 Cases
Case Brief: Groh v. Ramirez et al. (2004)
Civil Liability under State Tort Law
Types of State Tort Cases
Official Immunity Defense Most Often Used in State Tort Cases
Comparison between Federal (Section 1983) and State Tort Cases
Defendants in Civil Liability Cases: Legal Representation and Indemnification
The Police Officer as Defendant
The Supervisor as Defendant
The City or County as Defendant
Other Consequences of Police Misconduct
Criminal Liabilities under Federal and State Penal Codes
Exclusion of Illegally Obtained Evidence
Administrative Investigations and Sanctions
Revocation of Law Enforcement License
Summary
Review Questions and Hypothetical Cases
Key Terms
Holdings of Key Cases
You Be the Judge
Recommended Readings
Notes
Thirty Suggestions on How to Be an Effective Witness
The Constitution of the United States
Information on How to Search FindLaw
Glossary
Index
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