Preface
CHAPTER 1. Introduction
1.1 Criminal Procedure
1.2 Sources of Criminal Procedure Law
1.3 Judicial Functions
1.4 The Supreme Court and the Police
1.5 Packer’s Models of the Criminal Justice System
1.6 Summary
CHAPTER 2. Results of Failure to Comply with Constitutional Mandates
2.1 The Exclusionary Rule
2.2 Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio
2.3 Application and Modification of the Exclusionary Rule
2.4 Civil Liabilities
2.5 Civil Rights Actions
2.6 Liability of Supervisors, Administrators, and Agencies
2.7 Admissibility of Evidence
2.8 Summary
CHAPTER 3. Police Power and Limitations
3.1 Police Power, Authority, and Responsibility
3.2 Limits on Police Authority
3.3 Bill of Rights
3.4 Due Process of Law
3.5 Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause
3.6 Protection of Rights via State Constitutions and Laws
3.7 Summary
CHAPTER 4. Police Authority to Detain
4.1 General Considerations
4.2 Consensual Encounters
4.3 Terry v. Ohio Stop-and-Frisk Rationale
4.4 Application to Off-Street Situations
4.5 Application to Detention of Motorists
4.6 Detention of Luggage
4.7 Duration of the Detention
4.8 Detention to Check Driver’s License and Registration
4.9 Detention at Police Roadblocks
4.10 Summary
CHAPTER 5. Law of Arrest
5.1 General Considerations
5.2 Statutory Authority to Arrest
5.3 Definition and Elements of Arrest
5.4 Arrest under the Authority of an Arrest Warrant
5.5 Arrest without a Warrant
5.6 Post-Arrest Probable Cause Determination
5.7 Use of Force in Making an Arrest
5.8 The Citation and Summons in Law Enforcement
5.9 Arrest after Fresh Pursuit
5.10 Summary
CHAPTER 6. Search and Seizure with a Warrant
6.1 General Considerations
6.2 Constitutional Provisions
6.3 Seizure with a Valid Search Warrant—General
6.4 The Warrant Must Be Issued on Probable Cause
6.5 A Proper Official Must Issue the Warrant
6.6 The Warrant Must Be Supported by Oath or Affirmation
6.7 The Place to Be Searched and the Things to Be Seized Must Be Particularly Described
6.8 Execution of the Search Warrant
6.9 Search of a Person on the Premises
6.10 Return of the Warrant
6.11 Summary
CHAPTER 7. Search and Seizure without a Warrant
7.1 General Considerations
7.2 Search Incident to a Lawful Arrest
7.3 Search with a Valid Waiver (Consent Searches)
7.4 Exigent Circumstances Exception to the Warrant Requirement
7.5 Plain View Searches
7.6 Search of Premises Not Protected by the Fourth Amendment (Open Fields)
7.7 Search by a Private Individual
7.8 Standing to Challenge the Search
7.9 Stop-and-Frisk
7.10 Airport Searches
7.11 Search of Pervasively Regulated Businesses
7.12 Summary
CHAPTER 8. Specialized Searches without a Warrant: Vehicles, Dogs, and Technology
8.1 General Considerations
8.2 Search of Movable Vehicles and Objects
8.3 Searches Related to Driving While Intoxicated Cases
8.4 Search after Lawful Impoundment (Inventory Searches)
8.5 Use of Dogs in Searches
8.6 6 Electronic Searches and Seizure of Verbal Evidence via Recorders or Microphones
8.7 Other Searches Using Technology
8.8 Cell Phones and Computers
8.9 Summary
CHAPTER 9. Questioning Suspects
9.1 General Considerations
9.2 The Free and Voluntary Rule
9.3 Warning and Waiver Requirements (Miranda Rule)
9.4 Exclusion Related to the Fourth Amendment
9.5 Right to Counsel
9.6 The Delay in Arraignment Rule
9.7 Exceptions to Right to Counsel and Self-Incrimination
9.8 Admissibility of a Second Confession After an Inadmissible First Confession
9.9 Summary
CHAPTER 10. Pretrial Identification Procedures
10.1 General Considerations
10.2 Fingerprinting and Photographing Suspects
10.3 Lineup—Self-Incrimination Challenge
10.4 Lineup—Right to Counsel Challenge
10.5 Lineup—Due Process Challenge
10.6 Pretrial Photographic Identification
10.7 Dental Examination
10.8 Voice Exemplars
10.9 Footprint Comparisons and Other Body Examinations
10.10 Deoxyribonucleic Acid (DNA) Tests
10.11 Summary
CHAPTER 11. Police Law in Practice
11.1 General Considerations
11.2 The Consequences of Not Complying with the Law
11.3 Detention and Arrest
11.4 Searches and Seizures
11.5 Questioning Suspects
11.6 Pretrial Identification
11.7 When You Are On Your Own
Appendix
The Bill of Rights (First Ten Amendments to the Constitution) and the Fourteenth Amendment
Table of Cases
Index
