Rent 9781437755886 | Legal Guide for Police : Constitutional Issues | Walker, Jeffery T.; Hemmens, Craig @knetbooks.com

Summary Table of Contents Author Biography

Today's law enforcement officers, who are required to be highly knowledgeable about the law, will find this guide to be a valuable tool, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Appendix contains the Bill of Rights and the Fourteenth Amendment. Table of cases lists every case referenced in the text.

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Preface	p. ix
Results of Failure to Comply with Constitutional Mandates	p. 1
Civil Liabilities	p. 2
Civil Rights Actions	p. 2
Liability of Supervisors, Administrators, and Agencies	p. 7
Admissibility of Evidence	p. 12
Summary	p. 14
Police Power and Limitations	p. 17
Police Power, Authority, and Responsibility	p. 17
Limits on Police Authority	p. 18
Bill of Rights	p. 19
Due Process of Law	p. 20
Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause	p. 21
Protection of Rights via State Constitutions and Laws	p. 21
Summary	p. 22
Police Authority to Detain	p. 25
General Considerations	p. 25
Consensual Encounters	p. 26
Terry v. Ohio Stop-and-Frisk Rationale	p. 27
Application to Off-Street Situations	p. 33
Application to Detention of Motorists	p. 33
Detention of Luggage	p. 36
Duration of the Detention	p. 37
Detention to Check Driver's License and Registration	p. 39
Detention at Police Roadblocks	p. 40
Summary	p. 42
Law of Arrest	p. 45
General Considerations	p. 45
Statutory Authority to Arrest	p. 47
Definition and Elements of Arrest	p. 50
Arrest under the Authority of an Arrest Warrant	p. 54
Arrest without a Warrant	p. 63
Post-Arrest Probable Cause Determination	p. 75
Use of Force in Making an Arrest	p. 77
The Citation and Summons in Law Enforcement	p. 81
Arrest after Fresh Pursuit	p. 83
Summary	p. 84
Search and Seizure with a Warrant	p. 87
General Considerations	p. 87
Constitutional Provisions	p. 88
The Exclusionary Rule	p. 89
Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio	p. 89
Application and Modification of the Exclusionary Rule	p. 90
Seizure with a Valid Search Warrant-General	p. 95
Requirements of a Valid Search Warrant	p. 95
Execution of the Search Warrant	p. 103
Search of a Person on the Premises Where Such Person Is Not Described in the Warrant	p. 110
Return of the Warrant	p. 111
Summary	p. 112
Search and Seizure without a Warrant	p. 113
General Considerations	p. 114
Search Incident to a Lawful Arrest	p. 114
Search with a Valid Waiver (Consent Searches)	p. 125
Search of Movable Vehicles and Objects	p. 133
Search after Lawful Impoundment (Inventory Searches)	p. 137
Exigent Circumstances Exception to the Warrant Requirement	p. 140
Plain View Searches	p. 142
Search of Premises Not Protected by the Fourth Amendment (Open Fields)	p. 145
Search by a Private Individual	p. 147
Standing to Challenge the Search	p. 149
Stop and Frisk	p. 151
Seizure of Verbal Evidence via Recorders or Microphones: Electronic Searches	p. 158
Airport Searches	p. 161
Search of Pervasively Regulated Businesses	p. 161
Summary	p. 162
Questioning Suspects	p. 165
General Considerations	p. 165
The Free and Voluntary Rule	p. 167
Warning and Waiver Requirements (Miranda Rule)	p. 170
Exclusion Related to the Fourth Amendment	p. 184
Right to Counsel	p. 187
The Delay in Arraignment Rule	p. 193
Corroboration	p. 195
Exceptions to Right to Counsel and Self-incrimination	p. 196
Admissibility of a Second Confession After an Inadmissible First Confession	p. 199
Summary	p. 200
Pretrial Identification Procedures	p. 203
General Considerations	p. 203
Fingerprinting and Photographing Suspects	p. 204
Lineup-Self-Incrimination Challenge	p. 206
Lineup-Right to Counsel Challenge	p. 206
Lineup-Due Process Challenge	p. 208
Pretrial Photographic Identification	p. 210
Dental Examination	p. 211
Voice Exemplars	p. 212
Footprint Comparisons and Other Body Examinations	p. 212
Deoxyribonucleic Acid (DNA) Tests	p. 213
Summary	p. 214
Appendix: Bill of Rights (First Ten Amendments) and the Fourteenth Amendment	p. 217
Table of Cases	p. 221
Index	p. 233
Table of Contents provided by Ingram. All Rights Reserved.

Jeffery T. Walker is a professor of Criminal Justice and Criminology in the Department of Criminal Justice at the University of Arkansas, Little Rock. Craig Hemmens is a professor in the Department of Criminal Justice at Boise State University.

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