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Table of Figures | |
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Preface | |
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Acknowledgments | |
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Overview of Constitutional Criminal Procedure | |
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Search and Seizure-The Framework of The Fourth Amendment | |
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Introduction to the Fourth Amendment | |
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When Does the Fourth Amendment Apply? | |
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Governmental Action-Public Versus Private Search | |
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Reasonable Expectation of Privacy | |
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What Does the Fourth Amendment Require? - The Doctrine of Justification | |
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Probable Cause - The Standard for Search and Arrest | |
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Reasonable Suspicion - The Standard for Stop and Frisk | |
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What Constitutes a Stop? | |
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The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feel | |
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Administrative Searches | |
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Search and Arrest Warrants | |
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Note on the Warrant Requirement | |
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The Components of a Valid Search Warrant | |
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Neutral and Detached Magistrate | |
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The Probable Cause Showing | |
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The Particularity Requirement and the Plain View Doctrine | |
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Execution of a Search Warrant | |
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Administrative Search Warrants | |
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Anticipatory Search Warrants | |
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The Arrest Warrant Requirement | |
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The Components of a Valid Arrest Warrant | |
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Warrantless Searches and Seizures | |
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Introduction | |
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Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances) | |
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Exceptions That Require Probable Cause: Search Incident to Arrest | |
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Exceptions That Require Probable Cause: Automobile Search and the Container Doctrine | |
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Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentions | |
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Administrative and Inventory Searches | |
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Warrantless Intrusion Requiring No Justification: Consent | |
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The Plain View Doctrine | |
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The Problem of Pretext | |
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The Exclusionary Rule: Rationale, Operation, and Limitations | |
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The Rationale of the Exclusionary Rule | |
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The Derivative Evidence ("Fruit-of-the-Poisonous-Tree") Doctrine | |
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Limitations on the Exclusionary Rule | |
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Standing | |
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Limitation to Criminal Trial Versus Other Proceedings | |
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The Good Faith Exception | |
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The Impeachment Exception | |
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Harmless Error | |
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Interrogation and Confessions | |
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The Voluntariness Standard | |
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The Miranda Approach | |
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The Miranda Decision | |
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The Components of Miranda | |
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Custody | |
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Interrogation | |
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The Substance and Adequacy of the Warnings | |
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Waiver of Miranda Rights | |
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Waiver After Invocation of the Right to Silence or to Counsel | |
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Limitations on the Scope of the Miranda Exclusionary Rule | |
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Use of the Statement for Impeachment | |
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The Public Safety Exception | |
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Suppression of the Fruits of a Statement Obtained in Violation of Miranda | |
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Summary - What's Left of Miranda? | |
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The Sixth Amendment "Right to Counsel" Approach | |
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The Messiah Doctrine | |
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The "Deliberately Elicit" Standard | |
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At What Point Does the Massiah Doctrine Apply? - The Initiation of Judicial Proceedings | |
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Waiver and Exceptions to the Massiah Doctrine | |
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Overview of Interrogation and Confessions | |
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Other Investigative Procedures | |
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Other Investigative Procedures - Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, and "High-Tech" and Computer Searches | |
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Eyewitness Identification | |
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Bodily Intrusions and Examination of Suspect's Physical Attributes | |
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Entrapment | |
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The Common Law Defense | |
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Due Process | |
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"High-Tech" Searches | |
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Electronic Surveillance and Wiretapping | |
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Searches of Computers | |
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September 11, 2001, and Its Aftermath | |
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Introduction | |
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Terrorism and the Fourth Amendment | |
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Table of Cases | |
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Index | |