Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on Search and Seizure, Privacy, and Individual Rights

Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on Search and Seizure, Privacy, and Individual Rights

by Rolando V. del Carmen
     
 

ISBN-10: 1442201568

ISBN-13: 9781442201569

Pub. Date: 09/15/2010

Publisher: Rowman & Littlefield Publishers, Inc.

In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and

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Overview

In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.

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Product Details

ISBN-13:
9781442201569
Publisher:
Rowman & Littlefield Publishers, Inc.
Publication date:
09/15/2010
Pages:
382
Product dimensions:
6.20(w) x 9.10(h) x 1.20(d)

Table of Contents

Acknowledgements ix

Introduction 1

Part I Reasonable Expectation of Privacy and Probable Cause

1 Katz V. United States Sue Carter Collins 9

2 Illinois v. Gates David Brody 26

Part II The Exclusionary Rule

3 Mapp v. Ohio Sue Carter Collins 39

Part III Stop and Frisk

4 Terry v. Ohio Rolando V. del Carmen 57

5 Minnesota v. Dickerson Rolando V. del Carmen 75

Part IV Arrest

6 Chimel v. California Claire Nolasco 91

7 United States v. Robinson Claire Nolasco 104

Part V Searches of Places and Things

8 Wilson v. Arkansas Craig Hemmens 119

9 Payton v. New York Claire Nolasco 133

10 Oliver v. United States Craig Hemmens 145

11 Schneckloth v. Bustamonte Sue Carter Collins 156

12 Georgia v. Randolph David Brody 171

Part VI Motor Vehicles

13 Carroll v. United States Rolando V. del Carmen 187

14 United States v. Ross David Brody 202

15 New York v. Belton Jeffery T. Walker 212

16 Whren v. United States Jeffery T. Walker 226

Part VII Interrogation and Lineups

17 Miranda v. Arizona Marvin Zalman 239

18 Schmerber v. California Marvin Zalman 255

19 United States v. Wade, Kirby v. Illinois, United States v. Ash: The Identification Trilogy Marvin Zalman 268

Part VIII Police Liability

20 Tennessee v. Garner Jeffery T. Walker 285

Part IX The Next Twenty Most Significant Cases

21 The Next Twenty (Or So) Most Significant Cases: Dealing with Police Practices Valerie Bell 303

Appendix 1 Timeline of Significant Supreme Court Cases Dealing with Police Investigatory Practices 319

Appendix 2 Biographies of Select United States Supreme Court Justices 321

Notes 339

Selected Bibliography 349

Index 357

About the Authors 369

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