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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 | |