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

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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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Editorial Reviews

CHOICE
Both editors of this reader, Carmen (Sam Houston State Univ.) and Hemmens (Boise State Univ.), are well-known, well-published professors in good-quality criminal justice departments. They have prepared a book that covers the leading criminal justice cases in a unique way. Most criminal justice texts either summarize an enormous number of cases without discussing any in depth, or they feature full-length cases but are quite short on updates or cases discussions. By contract, this reader seeks to combine both approaches by selecting the most important cases in criminal procedure and then discussing the decisions in great depth, including the dissenting and concurring decisions. The result is that fewer cases are examined but with much greater guidance and in-depth coverage of the truly significant ones. The book is divided into nine general issue areas: privacy rights, the exclusionary rule, stop and frisk, the arrest, searches, motor vehicles, interrogations and lineups, police liability, and other police practices. The well-written book contains excellent endnotes, a carefully prepared index, and short biographies of selected US Supreme Court justices. Summing Up: Recommended
The Law and Politics Book Review
A useful addition to the criminal procedure literature....A one-stop shop for groundbreaking criminal procedure cases decided by the U.S. Supreme Court.
Choice
Both editors of this reader, Carmen (Sam Houston State Univ.) and Hemmens (Boise State Univ.), are well-known, well-published professors in good-quality criminal justice departments. They have prepared a book that covers the leading criminal justice cases in a unique way. Most criminal justice texts either summarize an enormous number of cases without discussing any in depth, or they feature full-length cases but are quite short on updates or cases discussions. By contract, this reader seeks to combine both approaches by selecting the most important cases in criminal procedure and then discussing the decisions in great depth, including the dissenting and concurring decisions. The result is that fewer cases are examined but with much greater guidance and in-depth coverage of the truly significant ones. The book is divided into nine general issue areas: privacy rights, the exclusionary rule, stop and frisk, the arrest, searches, motor vehicles, interrogations and lineups, police liability, and other police practices. The well-written book contains excellent endnotes, a carefully prepared index, and short biographies of selected US Supreme Court justices. Summing Up: Recommended
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Product Details

  • ISBN-13: 9781442201569
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 9/15/2010
  • Pages: 382
  • Sales rank: 1,434,232
  • Product dimensions: 6.20 (w) x 9.10 (h) x 1.20 (d)

Meet the Author

Rolando V. del Carmen is Distinguished Professor of Criminal Justice (Law) and Regents Professor in the College of Criminal Justice, Sam Houston State University. He has written many books and numerous articles in law and criminal justice. His book, Criminal Procedure: Law and Practice, has been translated into various languages and widely used in criminal justice programs. His other books include: The Death Penalty: Constitutional Issues, Commentaries and Case Briefs (with colleagues), Juvenile Justice: The System, Process, and Law (with Chad Trulson); Civil Liabilities in American Policing, and Community-Based Corrections (with Leanne Fiftal Alarid & Paul Cromwell). He is the recipient of three awards from the Academy of Criminal Justice Sciences: The Academy Fellow Award (1990), the Bruce Smith Award (1997); and the Founder's Award (2005).

Craig Hemmens is a Professor in the Department of Criminal Justice at Boise State University. He holds a J.D. from North Carolina Central University School of Law and a Ph.D. in Criminal Justice from Sam Houston State University. Professor Hemmens has published more than seventeen books and one hundred articles on a variety of criminal justice-related topics. His primary research interests are criminal law and procedure. He has served as the editor of the Journal of Criminal Justice Education. His publications have appeared in Justice Quarterly, the Journal of Criminal Justice, Crime and Delinquency, the Criminal Law Bulletin, and the Prison Journal.

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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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    Posted March 29, 2012

    Smoke

    No. Stop stalking me.

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