Criminal Procedure: Examples & Explanations, Fourth Edition / Edition 4

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Overview

Using hypothetical examples and courts cases to illustrate the principles involved, this book explains the fundamental aspects of search and seizure, interrogation, and related procedures. Individual chapters focus on issues like the Fourth Amendment, the doctrine of justification, warrants, warrantless searches and seizures, the exclusionary rule, voluntariness, "Miranda", the right to counsel, and the aftermath of the September 11, 2001 attacks. The authors teach at Boston College Law School.

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Product Details

  • ISBN-13: 9780735539686
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/28/2004
  • Series: Examples & Explanations Series
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 426
  • Product dimensions: 7.02 (w) x 9.94 (h) x 0.94 (d)

Table of Contents

Table of Figures xv
Preface xvii
Acknowledgments xix
Chapter 1 Overview of Constitutional Criminal Procedure 1
Part 1 Search and Seizure--The Framework of the Fourth Amendment
Chapter 2 Introduction to the Fourth Amendment 11
Chapter 3 When Does the Fourth Amendment Apply? 17
3.1 Governmental Action--Public Versus Private Search 17
3.2 Resonable Expectation of Privacy 23
Chapter 4 What Does the Fourth Amendment Require?--The Doctrine of Justification 45
4.1 Probable Cause--The Standard for Search and Arrest 46
4.2 Reasonable Suspicion--The Standard for Stop and Frisk 70
4.3 What Constitutes a Stop? 74
4.4 The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feel 79
4.5 Administrative Searches 105
Chapter 5 Search and Arrest Warrants 123
5.1 Note on the Warrant Requirement 123
5.2 The Components of a Valid Search Warrant 124
5.2.1 Neutral and Detached Magistrate 124
5.2.2 The Probable Cause Showing 125
5.2.3 The Particularity Requirement 127
5.3 Execution of a Search Warrant 140
5.4 Administrative Search Warrants 141
5.5 Anticipatory Search Warrants 141
5.6 The Arrest Warrant Requirement 142
5.7 The Components of a Valid Arrest Warrant 143
Chapter 6 Warrantless Searches and Seizures 147
6.1 Introduction 147
6.2 Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances) 148
6.3 Exceptions That Require Probable Cause: Search Incident to Arrest 158
6.4 Exceptions That Require Probable Cause: The Automobile Search and the Container Doctrine 169
6.5 Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentions 175
6.6 Administrative and Inventory Searches 175
6.7 Warrantless Intrusion Requiring No Justification: Consent 177
6.8 The Plain View Doctrine 190
6.9 The Problem of Pretext 197
Chapter 7 The Exclusionary Rule: Rationale, Operation, and Limitations 201
7.1 The Rationale of the Exclusionary Rule 201
7.2 The Derivative Evidence ("Fruit-of-the-Poisonous-Tree") Doctrine 206
7.3 Limitations on the Exclusionary Rule 223
7.3.1 Standing 223
7.3.2 Limitation to Criminal Trial Versus Other Proceedings 235
7.3.3 The Good Faith Exception 239
7.3.4 The Impeachment Exception 252
7.3.5 Harmless Error 253
Part 2 Interrogation and Confessions
Chapter 8 The Voluntariness Standard 257
Chapter 9 The Miranda Approach 271
9.1 The Miranda Decision 271
9.2 The Components of Miranda 274
9.2.1 Custody 275
9.2.2 Interrogation 283
9.2.3 The Substance and Adequacy of the Warnings 296
9.2.4 Waiver of Miranda Rights 302
9.2.5 Waiver After Invocation of the Right to Silence or to Counsel 315
9.3 Limitations on the Scope of the Miranda Exclusionary Rule 329
9.3.1 Use of the Statement for Impeachment 331
9.3.2 The Public Safety Exception 332
9.3.3 Suppression of the Fruits of a Statement Obtained in Violation of Miranda 339
9.4 Summary--What's Left of Miranda? 342
Chapter 10 The Sixth Amendment "Right to Counsel" Approach 345
10.1 The Massiah Doctrine 345
10.2 The "Deliberately Elicit" Standard 347
10.3 At What Point Does the Massiah Doctrine Apply?--The Initiation of Judicial Proceedings 348
10.4 Waiver and Exceptions to the Massiah Doctrine 350
10.5 Overview of Interrogation and Confessions 355
Part 3 Other Investigative Procedures
Chapter 11 Other Investigative Procedures--Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, "High-Tech" and Computer Searches 359
11.1 Eyewitness Identification 360
11.2 Bodily Intrusions and Examination of Suspect's Physical Attributes 367
11.3 Entrapment 373
11.3.1 The Common Law Defense 374
11.3.2 Due Process 375
11.4 "High-Tech" Searches 381
11.4.1 Electronic Surveillance and Wiretapping 381
11.4.2 Searches of Computers 382
Chapter 12 September 11, 2001, and Its Aftermath 387
Appendix 393
Table of Cases 407
Index 421
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