Legal Guide for Police Constitutional Issues

ISBN-10: 1437755887
ISBN-13: 9781437755886
Edition: 9th 2010 (Revised)
List price: $35.95
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Description: Today's law enforcement officers, who are required to be highly knowledgeable about the law, will find this guide to be a valuable tool, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain,  More...

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Book details

List price: $35.95
Edition: 9th
Copyright year: 2010
Publisher: Routledge
Publication date: 10/14/2010
Binding: Paperback
Pages: 256
Size: 7.00" wide x 10.00" long x 0.75" tall
Weight: 1.210
Language: English

Today's law enforcement officers, who are required to be highly knowledgeable about the law, will find this guide to be a valuable tool, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Appendix contains the Bill of Rights and the Fourteenth Amendment. Table of cases lists every case referenced in the text.

Craig Hemmens is Department Chair and Professor in the Department of Criminal Justice and Criminology at Washington State University. In addition to being the editor for the SAGE Text/Reader Series in Criminology/Criminal Justice, he has published several books, including Law, Justice and Society (Oxford University Press, �2012), Legal Guide for Police (Anderson, �2011) and An Introduction to Criminal Evidence (Oxford University Press, �2009). He holds a J.D. from North Carolina Central University School of Law and a Ph.D. in Criminal Justice from Sam Houston State University. He served as the President of the Association of Criminal Justice Sciences (ACJS) from 2012 to 2013.

Preface
Results of Failure to Comply with Constitutional Mandates
Civil Liabilities
Civil Rights Actions
Liability of Supervisors, Administrators, and Agencies
Admissibility of Evidence
Summary
Police Power and Limitations
Police Power, Authority, and Responsibility
Limits on Police Authority
Bill of Rights
Due Process of Law
Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause
Protection of Rights via State Constitutions and Laws
Summary
Police Authority to Detain
General Considerations
Consensual Encounters
Terry v. Ohio Stop-and-Frisk Rationale
Application to Off-Street Situations
Application to Detention of Motorists
Detention of Luggage
Duration of the Detention
Detention to Check Driver's License and Registration
Detention at Police Roadblocks
Summary
Law of Arrest
General Considerations
Statutory Authority to Arrest
Definition and Elements of Arrest
Arrest under the Authority of an Arrest Warrant
Arrest without a Warrant
Post-Arrest Probable Cause Determination
Use of Force in Making an Arrest
The Citation and Summons in Law Enforcement
Arrest after Fresh Pursuit
Summary
Search and Seizure with a Warrant
General Considerations
Constitutional Provisions
The Exclusionary Rule
Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio
Application and Modification of the Exclusionary Rule
Seizure with a Valid Search Warrant-General
Requirements of a Valid Search Warrant
Execution of the Search Warrant
Search of a Person on the Premises Where Such Person Is Not Described in the Warrant
Return of the Warrant
Summary
Search and Seizure without a Warrant
General Considerations
Search Incident to a Lawful Arrest
Search with a Valid Waiver (Consent Searches)
Search of Movable Vehicles and Objects
Search after Lawful Impoundment (Inventory Searches)
Exigent Circumstances Exception to the Warrant Requirement
Plain View Searches
Search of Premises Not Protected by the Fourth Amendment (Open Fields)
Search by a Private Individual
Standing to Challenge the Search
Stop and Frisk
Seizure of Verbal Evidence via Recorders or Microphones: Electronic Searches
Airport Searches
Search of Pervasively Regulated Businesses
Summary
Questioning Suspects
General Considerations
The Free and Voluntary Rule
Warning and Waiver Requirements (Miranda Rule)
Exclusion Related to the Fourth Amendment
Right to Counsel
The Delay in Arraignment Rule
Corroboration
Exceptions to Right to Counsel and Self-incrimination
Admissibility of a Second Confession After an Inadmissible First Confession
Summary
Pretrial Identification Procedures
General Considerations
Fingerprinting and Photographing Suspects
Lineup-Self-Incrimination Challenge
Lineup-Right to Counsel Challenge
Lineup-Due Process Challenge
Pretrial Photographic Identification
Dental Examination
Voice Exemplars
Footprint Comparisons and Other Body Examinations
Deoxyribonucleic Acid (DNA) Tests
Summary
Appendix: Bill of Rights (First Ten Amendments) and the Fourteenth Amendment
Table of Cases
Index

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