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