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Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

by: Del Carmen, Rolando V.

Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

by: Del Carmen, Rolando V.

ISBN 13:
9780534616144
ISBN 10:
0534616143
Edition: 6th
Format: Hardcover
Copyright: 08/11/2003
Publisher: Wadsworth Publishing
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Summary

Part One: INTRODUCTION. 1. The Court System, Court Cases and Sources of Rights. 2. Overview of the Criminal Justice Process. Part Two: LEVELS OF PROOF AND THE EXCLUSIONARY RULE. 3. Probable Cause and Reasonable Suspicion. 4. The Exclusionary Rule. Part Three: SEARCHES AND SEIZURES OF PERSONS. 5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention. 6. Arrests and Responses to Terrorism. Part Four: SEARCHES AND SEIZURES OF PROPERTY. 7. Searches and Seizures of Things. 8. Vehicle Stops, Searches, and Inventories. 9. Plain View, Open Fields, Abandonment, and Electronic Surveillance. Part Five: IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS. 10. Lineups and Other Pretrial Identification Procedures. 11. Confessions and Admissions: Miranda v. Arizona. Part Six: CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT. 12. Legal Liabilities and Other Consequences of Police Misconduct. 13. Constitutional Rights of the Accused During Trial. APPENDIXES: A. Guide to Case Briefing. B. The Case of Minnesota v. Dickerson--A Full Reprint. C. Thirty Suggestions on How to Be an Effective Witness. D. The Constitution of the United States. E. Table of Cases. Glossary. Index.

Brief Contents

Preface

xxi

I. INTRODUCTION

(64)

1. The Court System, Court Cases, and Sources of Rights

(28)

The Structure of the Court System

(5)

The Federal Court System

(4)

The State Court System

(1)

The Appeal Process

(1)

The Territorial Effect of Judicial Decisions

(1)

The Judicial Review Doctrine

(1)

Judicial Precedent (Stare Decisis)

(1)

Federal versus State Jurisdiction

(1)

Jurisdiction versus Venue

(1)

Court Cases

(2)

Case Citations

(1)

Internet Sources

(1)

Sources of Rights

(4)

Constitutions

(3)

The Federal Constitution

(2)

State Constitutions

(1)

Statutory Law

(1)

Case Law

(1)

Court Rules

(1)

The Incorporation Controversy: Does the Bill of Rights Apply to the States?

(3)

Background

(1)

Approaches to Incorporation

(1)

The Definition of Fundamental Rights

(1)

Rights Held to Be Fundamental and Incorporated

(1)

Rights Not Incorporated

(1)

Nationalization of the Bill of Rights

(1)

The Rule of Law

(2)

Summary

(1)

Review Questions

(1)

Key Terms and Definitions

(1)

Principles of Leading Cases

(1)

Case Briefs

(1)

Palko v. Connecticut

(1)

Duncan v. Louisiana

(1)

Web Resources

(1)

Recommended Readings

(1)

Notes

(1)

2. Overview of the Criminal Justice Process

(35)

The Procedure before Trial

(12)

The Filing of a Complaint

(1)

The Arrest

(1)

Booking at the Police Station

(1)

Appearance before a Magistrate after the Arrest

(1)

The Setting of Bail

(1)

The Preliminary Examination

(2)

The Decision by the Prosecutor to Charge

(1)

Grand Jury Indictment versus an Information

(2)

The Arraignment

(1)

The Plea by the Defendant

(4)

A Nolo Contendere Plea

(1)

A Plea of Not Guilty

(1)

A Plea of Guilty

(1)

Plea Bargains

(1)

Legal Issues in Plea Bargains

(2)

The Procedure during Trial

(6)

The Selection of Jurors

(1)

Challenge for Cause

(1)

Peremptory Challenge

(1)

Opening Statements

(1)

By the Prosecution

(1)

By the Defense

(1)

Presentation of the Case for the Prosecution

(1)

Presentation of the Case for the Defense

(1)

Motions Prior to the Verdict

(1)

Rebuttal Evidence

(1)

Closing Arguments

(1)

The Prosecution's Argument

(1)

The Defense's Argument

(1)

The Judge's Instructions to the Jury

(1)

Jury Deliberation

(1)

Hung Jury

(1)

Jury Nullification

(1)

The Verdict-Guilty or Not Guilty

(1)

The Procedure after Trial

(3)

Sentencing

(1)

Appeal

(1)

Habeas Corpus

(1)

Caution: The Procedure May Not Be What This Book Says It Is

(3)

Application to Felony Cases

(1)

Variation among States

(1)

Variation within a State

(1)

Theory versus Reality

(1)

Summary

(1)

Review Questions

(1)

Key Terms and Definitions

(2)

Principles of Leading Cases

(1)

Case Briefs

(1)

Santobello v. New York

(1)

Apodaca v. Oregon

(1)

Web Resources

(1)

Recommended Readings

(1)

Notes

(1)

II. LEVELS OF PROOF AND THE EXCLUSIONARY RULE

(50)

3. Probable Cause and Reasonable Suspicion

(22)

Probable Cause

(11)

Probable Cause Defined

(1)

"Man of Reasonable Caution"

A Practical Definition-More Than

(18)

Percent Certainty

(1)

Definition of Probable Cause Is the Same in All Areas of Police Work

(1)

Arrest of Persons versus Search and Seizure of Property

(1)

With a Warrant versus without a Warrant

(1)

What Are the Advantages in Obtaining a Warrant?

(1)

Who Determines Probable Cause?

(1)

When Are Arrests and Searches Illegal?

(1)

What Can Be Used to Establish Probable Cause?

(1)

How is Probable Cause Established?

(5)

An Officer's Own Knowledge of Facts and Circumstances

(1)

Information Given by an Informant

(4)

Information plus Corroboration

(1)

Probable Cause Compared with Other Levels of Proof

(1)

Reasonable Suspicion

(1)

Reasonable Suspicion Defined

(1)

The Totality of Circumstances

(1)

Probable Cause and Reasonable Suspicion Compared

(1)

Appealing a Finding of Probable Cause or Reasonable Suspicion

(2)

Summary

(1)

Review Questions

(1)

Key Terms and Definitions

(1)

Principles of Leading Cases

(1)

Case Briefs

(1)

Spinelli v. United States

(1)

Alabama v. White

(1)

Web Resources

(1)

Recommended Readings

(1)

Notes

(1)

4. The Exclusionary Rule

(27)

General Considerations

(3)

The Exclusionary Rule Defined

(1)

The Purpose of the Rule

(1)

A Judge-Made Rule

(1)

Historical Development

(4)

Federal Courts

(1)

State Courts

(1)

The Exclusionary Rule as Applied to the States: Mapp v. Ohio

(1)

Procedures for Invoking the Exclusionary Rule

(2)

What Is Not Admissible?

(1)

Illegally Seized Evidence

(1)

Fruit of the Poisonous Tree

(1)

Exceptions to the Exclusionary Rule

(6)

The Good Faith Exceptions

(4)

When the Error Was Committed by the Judge or Magistrate, Not by the Police: The Sheppard and Leon Cases

(2)

When the Error Was Committed by a Court Employee: Arizona v. Evans

(1)

When the Police Erred but Honestly and Reasonably Believed That the Information They Gave to the Magistrate When Obtaining the Warrant Was Accurate: Maryland v. Garrison

(1)

When the Police Reasonably Believe That the Person Who Gave Authority to Enter the Premises Had Authority to Give Consent: Illinois v. Rodriguez

(1)

When the Police Action Was Based on a Law That Was Later Declared Unconstitutional: Illinois v. Krull

100

(1)

The Inevitable Discovery Exception

100

(1)

The Purged Taint Exception

101

(1)

The Independent Source Exception

102

(1)

Proceedings to Which the Rule Does Not Apply

102

(1)

Private Searches

102

(1)

Grand Jury Investigations

102

(1)

Sentencing

102

(1)

Violations of Agency Rules Only

103

(1)

Noncriminal Proceedings

103

(1)

Parole Revocation Hearings

103

(1)

Arguments in Support of the Exclusionary Rule

103

(1)

Arguments against the Exclusionary Rule

104

(1)

Alternatives to the Exclusionary Rule

105

(1)

Other Consequences of Officer Misconduct

106

(1)

The Future of the Exclusionary Rule

106

(2)

Summary

108

(1)

Review Questions

109

(1)

Key Terms and Definitions

109

(1)

Principles of Leading Cases

110

(2)

Case Briefs

112

(1)

Mapp v. Ohio

112

(1)

Arizona v. Evans

112

(1)

Web Resources

113

(1)

Recommended Readings

113

(1)

Notes

114

(1)

III. SEARCHES AND SEIZURES OF PERSONS

115

(76)

5. Stop and Frisk, Border Searches and Seizures, and Stationhouse Detention

116

(31)

Stop and Frisk-In General

117

(4)

Issue and Origin

117

(1)

The Leading Case in Stop and Frisk: Terry v. Ohio

118

(1)

The Guidelines

119

(2)

1. The Stop

119

(1)

2. The Frisk

119

(1)

3. Reasonable Suspicion

120

(1)

Stop and Frisk-Two Separate Acts

121

(12)

The Stop

121

(8)

When Is a Stop a Seizure under the Fourth Amendment? United States v. Mendenhall

121

(1)

Does Unprovoked Flight upon Seeing the Police Constitute Reasonable Suspicion?

122

(1)

Are Stops Based on Hearsay Information Valid?

123

(1)

Is a Stop Based on an Anonymous Tip Valid?

123

(1)

Is Information Based on a Flyer from Another Jurisdiction Sufficient for a Stop?

124

(1)

Are Stops Based on Drug Courier Profile Alone Valid?

125

(1)

Are Stops Based on Racial Profile Alone Valid?

125

(1)

Can Suspects Be Forced to Answer Questions?

126

(1)

What Are the Reasonable Scope and Duration of a Stop?

127

(1)

Are Airport Stops and Searches Valid?

128

(1)

What Degree of Intrusiveness is Permissible?

129

(1)

The Frisk

129

(5)

Does a Frisk Automatically Follow a Stop?

129

(1)

How Extensive May the Frisk Be?

129

(1)

What May an Officer Do During a Frisk?

130

(1)

What Constitutes Plain Touch?

131

(1)

Are "Fishing Expeditions" Allowed?

132

(1)

Is Consent to Frisk Based on Submission to Police Authority Valid?

132

(1)

Can an Officer Frisk after a Stop without Asking Questions?

132

(1)

Does a Frisk Include Things Carried by the Suspect?

133

(1)

Distinctions between Stop and Frisk and Arrest

133

(1)

Other Applications of Stop and Frisk

134

(1)

Motor Vehicles

134

(1)

Weapons in a Car

135

(1)

Stop and Frisk Applied to Immigration and Border Searches

135

(2)

Fourth Amendment Rules Are Applied Differently

135

(1)

Roving Patrols Searching Vehicles at Places away from the Border Need Warrant or Probable Cause

135

(1)

Vehicles May Be Stopped at Fixed Checkpoints

136

(1)

Forced Temporary Detention Allowed

136

(1)

Factory Surveys of Aliens Allowed

136

(1)

Detention of Alimentary Canal Smugglers Valid

137

(1)

Summary of Case Law for Border Stops and Searches

137

(1)

Stationhouse Detention

137

(2)

For Fingerprinting

137

(1)

For Interrogation

138

(1)

Summary

139

(1)

Review Questions

140

(1)

Key Terms and Definitions

141

(1)

Principles of Leading Cases

141

(3)

Case Brief

144

(1)

Terry v. Ohio

144

(1)

Web Resources

145

(1)

Recommended Readings

145

(1)

Notes

146

(1)

6. Arrests and Responses to Terrorism

147

(44)

Seizures of Persons-In General

149

(2)

Seizure and the Fourth Amendment

149

(1)

Arrest as but One Form of Seizure

149

(1)

The "Top Ten" List of Searches and Seizures Involving Persons

149

(1)

Whose Perception Prevails in Seizures?

150

(1)

Arrest Defined

151

(1)

Elements of an Arrest

152

(3)

Seizure and Detention

152

(1)

Intention to Arrest

153

(1)

Arrest Authority

154

(1)

Understanding by the Arrestee

154

(1)

Types of Authorized Arrest

155

(12)

Arrest with a Warrant

155

(8)

Issuance of a Warrant

155

(1)

Contents of a Warrant

156

(1)

Service of a Warrant

156

(5)

Search Warrants and Third-Party Residences

161

(1)

Legal Authorizations Other Than an Arrest Warrant

161

(2)

Arrest without a Warrant

163

(4)

Arrests for Felonies

163

(2)

Arrests for Misdemeanors

165

(1)

Arrests for Traffic Violations or Petty Offenses

166

(1)

Arrests for Minor Offenses Not Punishable by Jail Time

166

(1)

Citizen's Arrest

167

(1)

What the Police May Do after an Arrest

167

(3)

Search the Arrestee

168

(1)

Search the Area of Immediate Control

168

(1)

Search the Passenger Compartment of a Motor Vehicle

169

(1)

Use Handcuffs Subject to Department Policy

169

(1)

Monitor the Movement of the Arrestee

169

(1)

Search the Arrestee at the Place of Detention

169

(1)

What the Police Cannot Do during an Arrest

170

(2)

Cannot Do a Strip or Cavity Search Unless Justified by Reasonable Suspicion

170

(1)

Cannot Conduct a Warrantless Protective Sweep Unless Justified

170

(1)

Cannot Invite the Media to "Ride Along"

171

(1)

Police May Temporarily Detain a Suspect While Obtaining a Warrant

172

(1)

Disposition of Prisoners after Arrest

172

(4)

Booking

172

(2)

Appearance before a Magistrate

174

(1)

The Purposes of an Initial Appearance

175

(1)

Bail

175

(1)

Responses to Terrorism

176

(6)

The USA Patriot Act

177

(1)

The Law Creating the Department of Homeland Security

178

(1)

The INS Special Registration Program for Foreigners

178

(1)

Legal Issues Arising from Responses to Terrorism

178

(2)

Prospects

180

(2)

Summary

182

(1)

Review Questions

183

(1)

Key Terms and Definitions

184

(1)

Principles of Leading Cases

185

(3)

Case Briefs

188

(1)

Payton v. New York

188

(1)

Atwater v. City of Lago Vista

188

(1)

Web Resources

189

(1)

Recommended Readings

189

(1)

Notes

190

(1)

IV. SEARCHES AND SEIZURES OF PROPERTY

191

(116)

7. Searches and Seizures of Things

192

(44)

Search and Seizure of Things

194

(1)

Search Defined

194

(1)

Seizure Defined

194

(1)

The General Rule for Searches and Seizures

194

(1)

Things Subject to Search and Seizure

195

(1)

Search and Seizure with a Warrant

195

(10)

Requirements

196

(4)

1. Probable Cause

197

(1)

2. A Supporting Oath or Affirmation

197

(1)

3. A Description of the Place to Be Searched and Persons or Things to Be Seized

198

(2)

4. The Signature of a Magistrate

200

(1)

The Procedure for Service of a Warrant

200

(2)

The Announcement Requirement

202

(1)

The Scope of Search and Seizure

203

(1)

The Time Allowed for a Search

204

(1)

The Procedure after the Search

204

(1)

Search Warrant and Arrest Warrant Compared

204

(1)

Search and Seizure without a Warrant

205

(13)

The Searches Incident to Lawful Arrest Exception

205

(2)

The Body Search of an Arrested Person

205

(1)

The Area within a Person's Immediate Control: Chimel v. California

206

(1)

The Requirement That the Warrantless Search Be Contemporaneous

207

(1)

The Searches with Consent Exception

207

(4)

Consent Must Be Voluntary

207

(1)

Consent to Enter Does Not Necessarily Mean Consent to Search

208

(1)

Consent to Search Need Not Be in Writing

208

(1)

Knowledge of the Right to Refuse Consent Is Not Required

208

(1)

The Scope of Allowable Search Depends on Type of Consent Given

208

(1)

Consent Given May Be Revoked at Any Time

209

(1)

Who May Give Consent to Search?

209

(2)

The Special Needs beyond Law Enforcement Exception

211

(3)

Public School Searches

211

(1)

Searches of Probationers' and Parolees' Homes

212

(1)

Airport Searches

213

(1)

The Exigent (Emergency) Circumstances Exception

214

(2)

Danger of Physical Harm to the Officer or Destruction of Evidence

214

(1)

Searches in "Hot Pursuit" (or "Fresh Pursuit") of Dangerous Suspects

215

(1)

Danger to a Third Person

215

(1)

Driving While Intoxicated (DWI)

215

(1)

The Administrative Searches and Inspections Exception

216

(2)

Entering a Private Residence for Code Violations-Consent or Warrant Needed

216

(1)

Entering Commercial Buildings for Inspection Purposes-Consent or Warrant Needed

217

(1)

Searches of Closely Regulated Businesses-No Need for Consent or Warrant

217

(1)

Administrative Searches and Law Enforcement Searches Compared

218

(1)

Specific Search and Seizure Issues

218

(8)

Squeezing Luggage in a Bus

218

(1)

Temporary Restraint of a Suspect

219

(1)

Mail Searches

219

(1)

Searches and Seizures by Private Persons

219

(1)

Searches by Government Agents of the Same Material Searched by Private Parties

220

(1)

Searches by Off-Duty Officers

220

(1)

Searches of Nonresident Aliens in a Foreign Country

220

(1)

Use of Police Dogs for Detection of Drugs

221

(1)

Surgery to Remove a Bullet from a Suspect

221

(1)

Searches and Seizures of Computers

222

(2)

Legal Requirements

222

(1)

Probable Cause

222

(1)

Reasonable Expectation of Privacy

223

(1)

Searches and Seizures in Cyberspace

224

(2)

Summary

226

(1)

Review Questions

227

(1)

Key Terms and Definitions

227

(1)

Principles of Leading Cases

228

(5)

Case Briefs

233

(1)

Chimel v. California

233

(1)

Maryland v. Garrison

233

(1)

Web Resources

234

(1)

Recommended Readings

234

(1)

Notes

235

(1)

8. Vehicle Stops, Searches, and Inventories

236

(35)

Vehicle Stops

238

(12)

The Rules Governing Vehicle Stops

238

(3)

The General Rule: The Need for Reasonable Suspicion of Involvement in Criminal Activity

238

(1)

Reasonable Suspicion Is Determined by the Totality of Circumstances, Not by Individual Factors

239

(2)

What an Officer May Do after a Vehicle Stop

241

(4)

Based on General Law Enforcement Authority (But Subject to Limitations Set by State Law or Department Policy)

241

(2)

Based on Reasonable Suspicion

243

(1)

Based on Probable Cause

244

(1)

Based on Consent

245

(1)

Traffic Stops as Pretexts for Vehicle Searches

245

(2)

Vehicle Stops Based on Racial Profiles

247

(2)

Consensual Searches and the Freedom to Leave

249

(1)

Arrest for a Minor (Nonjailable) Traffic Offense

249

(1)

Vehicle Searches

250

(9)

Vehicle Searches and Warrants: Carroll v. United States

250

(1)

Warrantless Vehicle Searches

251

(1)

Searches Incident to the Issuance of Traffic Citations

251

(1)

Searches of Passenger Compartments: New York v. Belton

252

(1)

Searches of Trunks and Closed Packages Found in Trunks

252

(1)

Searches of Locked Trunks or Glove Compartments

253

(1)

Contemporaneousness

253

(1)

Warrantless Searches When There Is Time to Obtain a Warrant

254

(1)

The Extent of Car Searches and the Objective Reasonableness Rule

254

(1)

Asking Questions of Bus Passengers

255

(1)

Warrantless Searches of Containers

255

(1)

Seizures of Vehicles from Public Places

256

(1)

Searches of Motor Homes without a Warrant

257

(1)

Beepers to Detect Cars

258

(1)

Recommended Readings

269

(1)

Notes

269

(2)

9. Plain View, Open Fields, Abandonment, and Electronic Surveillance

271

(36)

The Plain View Doctrine

272

(7)

Plain View Defined

272

(1)

Requirements of the Plain View Doctrine

273

(2)

1. Awareness of Item through Use of Sight

273

(1)

2. The Officer Must Be Legally in the Place from Which the Item Is Seen

273

(1)

3. It Must Be Immediately Apparent That the Item Is Subject to Seizure

274

(1)

Law Enforcement Situations in Which the Plain View Doctrine Applies

275

(1)

Plain View as But One of Many Justifications for Admission of Evidence

275

(1)

Issues Raised by the Plain View Doctrine

275

(4)

Inadvertence (Accidental Finding): Horton v. California

275

(2)

Open Spaces

277

(1)

Motor Vehicles

277

(1)

The Use of Mechanical Devices

278

(1)

Plain View versus Open View

278

(1)

Plain View versus Plain Touch

278

(1)

Plain View versus Plain Odor

279

(1)

The Open Fields Doctrine

279

(6)

Open Fields Defined

279

(1)

Areas Not Included in Open Fields

279

(2)

Houses

279

(1)

Curtilage

280

(1)

The Test to Determine Curtilage: United States v. Dunn

281

(1)

Aerial Surveillance of Curtilage: California v. Ciraolo

282

(1)

Open Fields despite a Locked Gate and a "No Trespassing" Sign: Oliver v. United States

283

(1)

Open Fields and the Use of Thermal Imaging

284

(1)

Open Fields versus Plain View

284

(1)

Similarities

284

(1)

Differences

284

(1)

Abandonment

285

(3)

Abandonment Defined

285

(1)

Factors Determining When Items Are Considered Abandoned

285

(2)

Where the Property Is Left

285

(1)

The Intent

286

(1)

Abandonment of Motor Vehicles

287

(1)

The Legality of Police Actions

288

(1)

Abandonment versus Plain View

288

(1)

Similarities

288

(1)

Differences

288

(1)

Electronic Surveillance

288

(9)

The Old Concept-Constitutional if There Is No Trespass: Olmstead v. United States

288

(1)

The New Concept-Unconstitutional if It Violates a Reasonable Expectation of Privacy: Katz v. United States

289

(1)

Federal Law: Title III of the Omnibus Crime Control and Safe Streets Act of 1968

290

(4)

The Main Provision

290

(2)

The Constitutionality of Title III

292

(1)

State Laws and Title III

292

(1)

Berger v. New York and Title III

293

(1)

Federal Law: The Electronic Communications and Privacy Act of 1986 (ECPA)

294

(1)

Federal Law: The Communications Assistance for Law Enforcement Act of 1994 (CALER)

294

(1)

Electronic Devices That Do Not Intercept Communication

295

(8)

Pen Registers

296

(1)

Electronic Beepers

296

(1)

Police Use of Cameras to Monitor Traffic and Other Offenders

296

(1)

Recording Devices in Prisons and Jails

297

(1)

Summary

298

(2)

Review Questions

300

(1)

Key Terms and Definitions

300

(1)

Principles of Leading Cases

301

(2)

Case Brief

303

(1)

Katz v. United States

303

(1)

Web Resources

304

(1)

Recommended Readings

304

(1)

Notes

304

(3)

V. IDENTIFICATIONS, CONFESSIONS, AND ADMISSIONS

307

(74)

10. Lineups and Other Pretrial Identification Procedures

308

(30)

Lineups

310

(9)

The Right to Counsel

310

(5)

Prior to the Filing of a Formal Charge: Kirby v. Illinois

311

(1)

After the Filing of a Formal Charge: United States v. Wade

311

(4)

The Right to Due Process

315

(2)

An Impermissibly Suggestive Identification Procedure

315

(1)

Factors in Determining Violations of Due Process

316

(1)

Lineup Composition and Procedure

316

(1)

The Right to Protection against Unreasonable Searches and Seizures

317

(1)

The Right to Protection against Self-Incrimination

318

(1)

Showups

319

(2)

The Right to Counsel

319

(1)

Prior to the Filing of a Formal Charge-No

319

(1)

After the Filing of a Formal Charge-Yes

319

(1)

The Right to Due Process Applies

319

(2)

The Right to Protection against Unreasonable Searches and Seizures Does Not Apply

321

(1)

The Right to Protection against Self Incrimination Does Not Apply

321

(1)

Photographic Identifications

321

(2)

The Right to Counsel

321

(1)

The Right to Due Process

321

(1)

No Right to Protection against Unreasonable Searches and Seizures

322

(1)

No Right to Protection against Self-Incrimination

323

(1)

Guidelines from the National Institute of Justice

323

(3)

For Lineups

324

(1)

Composing

324

(1)

Presenting

325

(1)

For Showups

325

(1)

For Photographic Identifications

325

(1)

Other Means of Pretrial Identification

326

(6)

DNA Testing

326

(3)

Background

326

(1)

Results and Some Legal Issues

327

(1)

Unassailable Scientific Reliability

328

(1)

Toward a National DNA Database

328

(1)

The Future

329

(1)

Polygraph Examinations

329

(3)

Summary

332

(1)

Review Questions

333

(1)

Key Terms and Definitions

333

(1)

Principles of Leading Cases

333

(2)

Case Brief

335

(1)

Kirby v. Illinois

335

(1)

Web Resources

335

(1)

Recommended Readings

336

(1)

Notes

336

(2)

11. Confessions and Admissions: Miranda v. Arizona

338

(43)

Prior to Miranda: Voluntariness Was the Test for Admissibility

339

(3)

Brown v. Mississippi, 297 U.S. 278 (1936)-Confession Not Valid because of Coercion and Brutality

340

(1)

Chambers v. Florida, 309 U.S. 227 (1940)-Confession Not Valid because of Coercion

340

(1)

Spano v. New York, 360 11.5. 315 (1959)-Confession Not Valid because of Deception

341

(1)

Rogers v. Richmond, 365 U.S. 534 (1961)-Confession Not Valid because of Involuntariness

341

(1)

Escobedo v. Illinois, 378 U.S. 748 (1964)-Confession Not Valid because the Suspect Was Denied Counsel at the Police Station

341

(1)

Miranda Rejects the Voluntariness Test in Favor of a Three Questions Test

342

(1)

The Basics of Miranda v. Arizona

343

(11)

The Case Itself

343

(1)

The Facts

343

(1)

The Legal Issue

343

(1)

The Court's Decision

343

(1)

The Case's Significance

344

(1)

The Miranda Warnings

344

(1)

The Miranda Warnings Are Required by the Constitution, Not Just by Judges

345

(3)

The Miranda Warnings Must Be Given for All Offenses except Routine Traffic Stops

348

(1)

Miranda Is a Protection against Self-Incrimination Case

349

(1)

Miranda Rights May Be Waived

350

(3)

The Waiver Must Be Intelligent and Voluntary

350

(1)

A Waiver "Following the Advice of God" May Be Valid

351

(1)

There Is No Presumption of a Waiver from Silence after the Warnings

352

(1)

An Express Waiver Is Not Required

352

(1)

A Signed Waiver Is Not Required

352

(1)

The Warnings Must Be Repeated after a Prolonged Interruption

352

(1)

A Request for Someone Other Than a Lawyer Is a Waiver

352

(1)

A Waiver May Be Valid Even if a Lawyer Has Been Retained

353

(1)

A Waiver May Be Withdrawn at Any Time

353

(1)

The Prosecution Must Prove Intelligent and Voluntary Waiver

353

(1)

The Miranda Warnings Must Be Given Whenever There Is Custodial Interrogation

354

(5)

When Is a Suspect in Custody?

354

(3)

Situation 1: When the Suspect Is under Arrest

354

(1)

Situation 2: When the Suspect Is Not under Arrest but Is Deprived of Freedom in a Significant Way

355

(2)

When Is a Suspect under Interrogation?

357

(2)

When the Police Ask Questions That Tend to Incriminate

357

(1)

When No Questions Are Asked but the Police Create the Functional Equivalent of an Interrogation

358

(1)

Other Cases Affirming Miranda

359

(3)

Further Questioning about the Same Offense after a Suspect Asks for a Lawyer

359

(1)

Further Questioning about an Unrelated Offense after a Suspect Asks for a Lawyer

360

(1)

Questioning about a Second Offense When Suspect Has a Lawyer for a Different but Related Offense

360

(1)

Questioning a Defendant without a Lawyer after an Indictment

361

(1)

Asking for a Lawyer during the Giving of Miranda Warnings

361

(1)

Other Cases Either Rejecting Miranda or Not Applying Miranda in Full

362

(6)

Police May Question a Suspect on an Unrelated Offense after the Suspect Indicates a Wish to Remain Silent

362

(1)

After a Knowing and Voluntary Waiver, Officers May Continue Questioning until the Suspect Clearly Requests a Lawyer

363

(1)

An Inadmissible Statement May Be Used to Impeach a Defendant's Credibility As Long As It Is Voluntary

364

(1)

A Suspect's Statement May Be Used to Obtain Collateral Derivative Evidence

364

(1)

An Undercover Officer Posing as a Fellow Inmate Need Not Give Miranda Warnings

365

(1)

A Suspect Need Not Be Informed of All Crimes before Interrogation

366

(1)

A Confession Need Not Be Written

366

(1)

A Confession Is Admissible despite the Failure of Police to Inform a Suspect of a Retained Attorney

367

(1)

Situations in Which the Miranda Warnings Are Not Required

368

(3)

When No Questions Are Asked by the Officer

368

(1)

During General On-the-Scene Questioning

368

(1)

When the Statement Is Volunteered

368

(1)

When Questioning a Suspect about Identification

369

(1)

When Questioning Witnesses

369

(1)

In Stop and Frisk Cases

369

(1)

During Lineups, Showups, or Photographic Identifications

369

(1)

When the Statement Is Made to a Private Person

369

(1)

When a Suspect Appears before a Grand Jury

370

(1)

When There Is a Threat to Public Safety

370

(1)

The Harmless Error Rule Applies to Miranda Cases on Appeal

371

(1)

Summary

372

Review Questions 3

(301)

Key Terms and Definitions

374

(1)

Principles of Leading Cases

375

(3)

Case Brief

378

(1)

Berkemer v. McCarty

378

(1)

Web Resources

379

(1)

Recommended Readings

379

(1)

Notes

379

(2)

VI. CONSTITUTIONAL RIGHTS AND THE CONSEQUENCES OF POLICE MISCONDUCT

381

(82)

12. Legal Liabilities and Other Consequences of Police Misconduct

382

(36)

Lawsuits against the Police: An Occupational Hazard

383

(2)

An Overview of Police Legal Liabilities

385

(1)

Criminal Liabilities under Federal and State Penal Codes

386

(2)

Under the Federal Penal Code

386

(1)

Title 18 of the U.S. Code, Section 242-Criminal Liability for Deprivation of Civil Rights

386

(1)

Title 18 of the U.S. Code, Section 241-Criminal Liability for Conspiracy to Deprive a Person of Rights

387

(1)

Title 18 of the U.S. Code, Section 245-Federally Protected Activities

387

(1)

Under State Law

387

(1)

State Penal Code Provisions Aimed Specifically at Public Officers

387

(1)

Regular Penal Code Provisions Punishing Criminal Acts

387

(1)

Civil Liability under Federal Law Section 1983 Cases

388

(5)

The Federal Law

388

(1)

The Requirements of a Section 1983 Lawsuit

389

(1)

Acting under Color of Law

389

(1)

Violation of a Right Given by the U.S. Constitution or by Federal Law

390

(1)

Defenses in Section 1983 Cases

390

(3)

The Good Faith Defense: Harlow v. Fitzgerald

391

(2)

The Probable Cause Defense but Only in Search and Seizure Cases

393

(1)

Civil Liability under State Tort Law

393

(9)

Types of State Tort Cases

393

(7)

Intentional Tort

393

(3)

Negligence Tort

396

(4)

The Defense Often Used in State Tort Cases Is Official Immunity

400

(2)

The Act Is Discretionary

401

(1)

The Officer Acted in Good Faith

401

(1)

The Officer Acted within the Scope of Authority

401

(1)

Federal (Section 1983) and State Tort Cases Distinguished

402

(1)

Defendants in Civil Liability Cases: Legal Representation and Indemnification

402

(4)

The Police Officer as Defendant

402

(1)

Who Will Represent the Officer in a Lawsuit?

402

(1)

Who Will Pay If an Officer Is Held Liable?

403

(1)

The Supervisor as Defendant

403

(2)

The Supervisor Was Personally Involved in the Act

403

(1)

The Supervisor Was Not Personally Involved, but What Happened Can Be Linked to Negligence by the Supervisor

404

(1)

If the Supervisor Violates the Rights of Subordinates (Direct Liability)

404

(1)

The City or County as Defendant

405

(1)

Can the Police Sue Back?

406

(1)

Other Consequences of Police Misconduct

407

(3)

Exclusion of Evidence Illegally Obtained

407

(1)

Administrative Investigations and Sanctions

408

(1)

Loss of Law Enforcement License through Unethical Behavior and Lying

408

(2)

A Final Word-The Other Side

410

(1)

Summary

411

(1)

Review Questions

412

(1)

Key Terms and Definitions

412

(2)

Principles of Leading Cases

414

(2)

Case Brief

416

(1)

Graham v. Connor

416

(1)

Web Resources

417

(1)

Recommended Readings

417

(1)

Notes

417

(1)

13. Constitutional Rights of the Accused during Trial

418

(45)

The Right to a Trial by Jury

420

(5)

Jury Size

420

(1)

Unanimous versus Nonunanimous Verdicts

420

(1)

Serious versus Petty Offenses

421

(1)

Waiver of a Jury Trial

422

(1)

The Selection of a Jury of Peers

422

(1)

Disqualification of Jurors Based on Race

423

(2)

Disqualification of Jurors Based on Gender

425

(1)

The Right to Counsel

425

(8)

Why Is Counsel Needed?

427

(1)

How Is Counsel Obtained?

427

(2)

Retained Counsel

427

(1)

Court-Appointed Counsel

428

(1)

The Responsibility of the Defense Lawyer

429

(1)

The Right to Court-Appointed Counsel during Trial

429

(1)

The Extent of a Defendant's Right to Court-Appointed Counsel in All Criminal Proceedings

429

(1)

The Extent of a Defendant's Right to Confer with Counsel

430

(1)

The Right to Effective Assistance of Counsel

430

(2)

Recent Claims of Ineffective Counsel: A Sleeping Lawyer, a Silent Lawyer, and Lawyer Who Had the Victim as a Client

432

(1)

The Right To Act as One's Own Counsel

433

(1)

The Right to Due Process

433

(3)

The Brady Rule on Disclosure of Evidence to the Accused

434

(1)

Cases after Brady

434

(2)

The Right to Protection against Self-Incrimination

436

(4)

The Scope of the Provision: Testimonial versus Physical

436

(1)

Two Separate Privileges during Trial

437

(1)

The Privilege of the Accused

437

(1)

The Privilege of a Witness

437

(1)

The Grant of Immunity

438

(1)

Transactional versus Use and Derivative Use Immunity

439

(1)

How Is the Right Waived?

440

(1)

The Right to Protection against Double Jeopardy

440

(5)

What Is Double Jeopardy?

440

(1)

When Does Double Jeopardy Start?

441

(1)

When Is Double Jeopardy Waived?

441

(1)

In Mistrials

441

(1)

When a Verdict of Conviction Is Set Aside on a Defendant's Motion or Appeal

441

(1)

In Habeas Corpus Cases

442

(1)

What Does Same Offense Mean?

442

(1)

What Does Lesser Included Offense Mean?

443

(1)

Prosecution for a Higher Offense after Conviction for a Lesser Included Offense

444

(1)

Prosecution for the Same Offense by Two States

444

(1)

The Right to Confront Witnesses

445

(1)

The Right to Cross-Examine Opposing Witnesses

445

(1)

The Right to Physical Presence during Trial

445

(1)

Deliberate Absence

445

(1)

Disruptive Conduct in the Courtroom

445

(1)

The Right to Face Witnesses at Trial

446

(1)

The Right to Know the Identity of Prosecution Witnesses

446

(1)

The Right to Compulsory Process to Obtain Witnesses

446

(1)

The Right to a Speedy and Public Trial

447

(2)

What Is a Speedy Trial?

447

(1)

What Is a Public Trial?

448

(1)

The Right to a Fair and Impartial Trial

449

(1)

Prejudicial Publicity Is Prohibited

449

(1)

Controlling Prejudicial Publicity

449

(1)

Change of Venue

449

(1)

Sequestration

449

(1)

Continuance

449

(1)

Issuance of a Gag Rule

450

(1)

Control of the Press

450

(1)

The Right to Proof of Guilt beyond a Reasonable Doubt

450

(3)

What Must Be Proved?

450

(1)

What Is Reasonable Doubt?

451

(2)

Summary

453

(2)

Review Questions

455

(1)

Key Terms and Definitions

455

(1)

Principles of Leading Cases

456

(5)

Case Brief

461

(1)

J.E.B. v. Alabama

461

(1)

Web Resources

462

(1)

Recommended Readings

462

(1)

Notes

462

(1)

Appendix A: Guide to Case Briefing

463

(2)

Appendix B: The Case of Minnesota v. Dickerson-A Full Reprint

465

(10)

Appendix C: Thirty Suggestions on How to Be an Effective Witness

475

(4)

Appendix D: The Constitution of the United States

479

(12)

Appendix E: Table of Cases

491

(10)

Glossary

501

(10)

Index

511

Amazon no longer offers textbook rentals. We do!

Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

9780534616144

0534616143

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Table of Contents

Supplemental Materials

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Amazon no longer offers textbook rentals. We do!

Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

Criminal Procedure Law and Practice (with CD-ROM and InfoTrac)

9780534616144

0534616143

Summary

Table of Contents

Supplemental Materials

Write a Review

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