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