Legal Guide for Police: Constitutional Issues / Edition 2

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Overview

This guide details legal rules under which police must operate. It describes police powers and its limitations, with specific attention to constitutional issues concerning the authority to detain and make arrests, search and seize property (with and without a warrant), interrogate suspects, and use pretrial identification procedures. The basic principles are addressed, as are individual cases and particular scenarios. Consequences of violating such rules are also outlined.

Annotation © Book News, Inc., Portland, OR

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Product Details

  • ISBN-13: 9780870844980
  • Publisher: Anderson Publishing Company OH
  • Publication date: 1/28/1989
  • Edition description: 2nd ed
  • Edition number: 2
  • Pages: 183

Table of Contents

Preface iii
Chapter 1 Results of Failure to Comply with Constitutional Mandates 1
1.1 Civil Liabilities 2
1.2 Civil Rights Actions 2
1.3 Liability of Supervisors, Administrators, and Agencies 7
1.4 Admissibility of Evidence 13
1.5 Summary 15
Chapter 2 Police Power and Limitations 17
2.1 Police Power, Authority, and Responsibility 17
2.2 Limits on Police Authority 19
2.3 Bill of Rights 19
2.4 Due Process of Law 20
2.5 Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause 21
2.6 Protection of Rights via State Constitutions and Laws 22
2.7 Summary 23
Chapter 3 Police Authority to Detain 25
3.1 General Considerations 25
3.2 Consensual Encounters 26
3.3 Terry v. Ohio Stop-and-Frisk Rationale 27
3.4 Application to Off-Street Situations 34
3.5 Application to Detention of Motorists 35
3.6 Detention of Luggage 38
3.7 Duration of the Detention 39
3.8 Detention to Check Driver's License and Registration 41
3.9 Detention at Sobriety Checkpoints 42
3.10 Summary 44
Chapter 4 Law of Arrest 47
4.1 General Considerations 47
4.2 Statutory Authority to Arrest 49
4.3 Definition and Elements of Arrest 51
4.4 Arrest Under the Authority of an Arrest Warrant 56
4.5 Arrest without a Warrant 66
4.6 Post-Arrest Probable Cause Determination 80
4.7 Use of Force in Making an Arrest 83
4.8 The Citation and Summons in Law Enforcement 88
4.9 Arrest After Fresh Pursuit 90
4.10 Summary 91
Chapter 5 Search and Seizure with a Warrant 93
5.1 General Considerations 93
5.2 Constitutional Provisions 94
5.3 The Exclusionary Rule 95
5.4 Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio 95
5.5 Application and Modification of the Exclusionary Rule 97
5.6 Seizure with a Valid Search Warrant--General 100
5.7 Requirements of a Valid Search Warrant 101
5.8 Execution of the Search Warrant 110
5.9 Search of a Person on the Premises Where Such Person is Not Described in the Warrant 115
5.10 Return of the Warrant 116
5.11 Advantages of the Search Under a Valid Warrant 117
5.12 Summary 118
Chapter 6 Search and Seizure without a Warrant 119
6.1 General Considerations 120
6.2 Search Incident to a Lawful Arrest 120
6.3 Search with a Valid Waiver 130
6.4 Search of Movable Vehicles and Objects 137
6.5 Exigent Circumstances Exception to the Warrant Requirement 141
6.6 Seizure without a Search (Plain View) 143
6.7 Search by a Private Individual 146
6.8 Search of Premises Not Protected by the Fourth Amendment (Open Fields) 148
6.9 Standing to Challenge the Search 151
6.10 Search after Lawful Impoundment (Inventory Searches) 154
6.11 Stop-and-Frisk Seizures 157
6.12 Search of Pervasively Regulated Business 163
6.13 Seizure of Verbal Evidence via Concealed Recorders or Microphones 164
6.14 Border Searches 166
6.15 Airport Searches 167
6.16 Summary 167
Chapter 7 Questioning Suspects 171
7.1 General Considerations 171
7.2 The Free and Voluntary Rule 172
7.3 The Delay in Arraignment Rule 177
7.4 Warning and Waiver Requirements (Miranda Rule) 179
7.5 Exclusion of Confession as a Means of Enforcing the Fourth Amendment 191
7.6 Right to Counsel 194
7.7 Corroboration 199
7.8 Derivative Evidence 199
7.9 Admissible Statements (Including the Public Safety Exception) 200
7.10 Admissibility of a Second Confession After an Inadmissible First Confession 204
7.11 Summary 205
Chapter 8 Pretrial Identification Procedures 207
8.1 General Considerations 207
8.2 Fingerprinting and Photographing Suspects 208
8.3 Lineup--Self-Incrimination Challenge 210
8.4 Lineup--Right to Counsel Challenge 211
8.5 Lineup--Due Process Challenge 212
8.6 Pretrial Photographic Identification 215
8.7 Dental Examination 216
8.8 Voice Exemplars 217
8.9 Footprint Comparisons and Other Body Examinations 218
8.10 Deoxyribonucleic Acid (DNA) Tests 218
8.11 Summary 221
Appendix Bill of Rights (First Ten Amendments) and Fourteenth Amendment 223
Index 227
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