9780130987600

Criminal Procedure: Theory and Practice offers an extensive presentation of the state of the law. The cases presented provide the proper historical context in order to understand the philosophy behind the law. The facts of every case have been rewritten, presenting each student with a concise understanding of the specifics relating to each criminal procedure point covered. Following each case, the book presents additional materials that may challenge the student to apply the newly-learned principles to a novel fact pattern and presents many excerpted cases suitable for class interaction and discussion. The text offers an opportunity for the student to develop an enhanced understanding of criminal procedure through a practical and logical presentation. When appropriate, the text interrelates proper lessons of history that influenced the development of criminal procedure. Coverage of developing legal theories like the Miranda principles provide an understanding of how these case laws developed and how these principles may evolve. Students and instructors can remain on the cutting edge of criminal procedure by going to www.criminalprocedurebyingram.com. This site, updated monthly, will provide information on newly decided cases on criminal procedure as well as updated case presentations. This website will serve as a current, up to the moment supplement through the life of this edition.

Introduction to the Criminal Process: History and Overview of Criminal Procedure
Fourth Amendment Standards: Probable Cause to Search, Warrants and Exceptions
Introduction and History: Generally
The Fourth Amendment: Probable Cause to Search
Specificity of Search; Particularity of Description
Requirement of a Warrant
Sources of Probable Cause: The Informant
The Demise of the Two-Pronged Test
Sources of Probable Cause: Police Officers and Others
The Affidavit for a Warrant
The Search Warrant: A Court Order
The Search Warrant: The Time of Execution
Fourth Amendment Requirement: Knock and Announce
Scope of Search
Stale Probable Cause
Warrant Not Always Required for Searches
Suspicionless Searches of Private and Government Employees
Warrantless and Suspicionless Searches at Schools
Warrantless Searches of Political Candidates Rejected
Stop and Frisk: The Legal Standards
Introduction to Stop and Frisk
Stop and Frisk
The Terry Legal Standard
Facts Indicating Unusual Conduct
Facts upon Seeing an Officer as Unusual Conduct
Frisk May Not Always Allow Additional Search
Terry Stops under a Drug Courier Profile
Subject Must Be Aware of Officer's Status
Officer Must Have Reason to Believe that the Person May Be Armed and Dangerous
Investigation Must Not Dispel the Fear that the Subject May Be Armed and Dangerous
The Plain Feel Doctrine
Expansion of Terry to Individuals not under Suspicion
Arrest and Seizure of the Person
Probable Cause Arrests: The Legal Standard
The Concept of Probable Cause for Arrest
Plain Meaning of the Fourth Amendment
Probable Cause Defined
Sources of Probable Cause to Arrest
Stale Probable Cause
Arrest Pursuant to a Warrant
Requirements for Arrest without a Warrant
Requirements for Arrests within the Home
Requirements for Arrests within a Third Party's Home
Fourth Amendment Searches and Seizures: Houses, Persons, Motor Vehicles and Effects
Searches of Houses
Warrant to Search and Arrest Inside the Home
Modern Technology and Warrantless Home Searches
Search Incident to Arrest
Searches of Motor Vehicles
Vehicle Searches Generally Do Not Require Warrants
Limited Vehicle Searches on Less than Probable Cause
Vehicle Inventory Searches
Scope of Motor Vehicle Search
Scope of Search of Containers within Motor Vehicles
Other Theories of Vehicle Searches and Seizures
Searches Following Vehicle Forfeitures
Searches Based on Consent
Requirements for the Plain View Doctrine
Inadvertent Discovery: No Longer Required
Officer Needs to be Lawfully Present
The Plain Feel Doctrine
Special Problem Searches: Administrative, Inventory, School, Work, Airport, and Border searches
Introduction to Administrative, Inventory, School, Airport, and Work Searches
Administrative Searches
Administrative Searches of Ordinary Businesses and Industries
Administrative Searches of Closely Regulated Industries
Ordinary Commercial Search: Warrant Required
Administrative Searches of Homes: No Warrant Originally Required
A Change in Requirements: Searches of Private Premises Require Warrants
Administrative Searches: Reasonable under the Fourth Amendment
Inventory Searches: Probable Cause not Required
Vehicle Inventory Searches
Inventory Searches of Motor Vehicles: Written Policy Required
Inventory Searches of Personal Property
School Searches Must Be Based on Fourth Amendment Reasonableness
Public School Drug Testing: An Extension of Acton
Government Searches in the Workplace
Government Mandated Private Employer Searches
Airport Searches
Border Searches
Border Search Sum
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The field of criminal procedure provides part of the matrix of fairness and justice which promotes equality of treatment for persons accused of crime and, therefore, occupies an important position in the field of criminal justice. Since its genesis comes from both the Constitution of the United States and the constitutions of the several States, its substance and application will vary in some fashion from jurisdiction to jurisdiction. The decisions made by the Supreme Court of the United States, when speaking on federal constitutional issues, are binding on state criminal justice practice. Although constitutional decisions are mandatory on the states, such decisions dictate the minimal legal protections required under our federal system. Every state may go beyond the basic federal guarantees by offering an accused greater state constitutional rights and may grant enhanced criminal procedure protections based on state constitutional and statutory law. The constitutional and statutory rules that make up the body of law known as criminal procedure regulate the way both state and federal governments must treat persons accused or suspected of committing crimes, Rules dictating the way law-enforcement officials interact with individuals who are mere suspects for particular crimes restrain the activities and approaches that can be followed prior to the initiation of formal criminal prosecutions. When investigations have moved beyond their initial stages to the point where criminal suspects have been identified, the rules of criminal procedure provide a road map which all law enforcement officials must follow. Where law enforcement officials fail to observe recognized criminal procedural rules, such deviation may jeopardize any eventual successful criminal prosecution by opening the conviction to appellate attack. Similarly, when the law enforcement officials have turned their work product over to the prosecutor's office, the personnel presenting the government's case must carefully follow additional rules regulating fair conduct in order to accord due process to criminal accused. Defense attorneys have a role within the rules of criminal procedure to insure that the government has played fairly during the investigation, pretrial and trial phases and the attorneys for defendants possess an obligation to provide a vigorous defense consistent with the Constitution and state rules and regulations. During criminal trials, judges must carefully weigh the arguments of the contending parties, whether they are arguing over criminal procedural issues relative to the admission of evidence or whether the attorneys are contending over more traditional admission of evidence under evidence codes. Whether a judge presides over pretrial issues, the trial itself, post-trial motions, or serves on an appellate panel reviewing what trial level judicial decisions, every judge possesses a duty of due process to both the prosecution and to the defense. Roughly translated, due process implies fundamental fairness and fair dealing during all important portions of the criminal justice process. The study of criminal procedure traditionally follows a case method of instruction where the students read previously decided criminal cases which instruct by using concrete examples covering criminal procedure issues. The largest developments and changes and corrections in the criminal procedure have generally come from landmark case decisions of the Supreme Court of the United States. Implementation of the rules contained within Supreme Court case decisions has largely been delegated to state legal systems where state courts have developed slightly divergent interpretations and applications of these legal principles. The Federal Rules of Criminal Procedure and state rules of criminal procedure owe much of their content to the codification of legal principles announced by the Supreme Court of the United States and to common law practice. While

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Criminal Procedure : Theory and Practice

Criminal Procedure : Theory and Practice

0130987603

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