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Jones & Bartlett Learning
Criminal Procedure Law: Police Issues And The Supreme Court

Criminal Procedure Law: Police Issues And The Supreme Court

by Dr. Frances P Bernat, Nicholas Godlove
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Product Details

ISBN-13: 9780763793111
Publisher: Jones & Bartlett Learning
Publication date: 11/10/2011
Edition description: 1
Pages: 258
Sales rank: 641,938
Product dimensions: 5.90(w) x 8.90(h) x 0.60(d)

About the Author

Chair of the Behavioral Sciences Dept, Texas A & M International University

U.S. District Court, District of Alaska, Anchorage

Table of Contents

Preface xi

Acknowledgments xiii

Chapter 1 Criminal Trials 1

Key Points 1

Introduction 1

The Constitution and Its Amendments 2

Criminal Procedure 3

Interpreting the Constitution 6

Organization of the Book 12

Summary 15

Glossary 15

Additional Readings 16

Chapter 2 Police Criminal Investigations 17

Key Points 17

The Criminal Justice Process and Policing 17

Steps in the Criminal Justice Process 18

Need to Understand Criminal Procedure Law 20

Privacy Rights and People, Places, and Things 26

Contemporary Issues: State Access to Computer Accounts, Cell Phones, and Text Messages 31

Summary 32

Glossary 32

Additional Readings 33

Chapter 3 Stops and Frisks 35

Key Points 35

The Right of Ptivacy and Police Stops 35

Reasonable Suspicion to Stop a Person 37

Car Stops 47

Frisks and Plain Feel Rule 54

Contemporary Issues: Criminal and Racial Profiling 62

Summary 65

Glossary 65

Additional Readings 66

Chapter 4 Arrests 67

Key Points 67

The Fourth Amendment and Arrests 67

The Fourth Amendment Requirement for a Warrant 78

DNA and Other Items Identifying a Person 80

Public Schools and Youth 84

Use of Force 89

Contemporary Issues: Detentions and Enemy Combatants 92

Summary 100

Glossary 101

Additional Readings 102

Chapter 5 Confessions and Interrogations 103

Key Points 103

The Fifth and Sixth Amendments 103

The Requirements as Articulated in Miranda v. Arizona 104

The Right to Remain Silent and to Counsel 117

Contemporary Issues: St. Johns, Arizona, 8-Year-Old Boy Interrogated without Miranda 120

Summary 121

Glossary 122

Additional Readings 123

Chapter 6 The Fourth Amendment, Search Warrants, and Warrantless Searches 125

Key Points 125

The Right of Privacy and the Requirement for a Warrant 126

The Exclusionary Rule 127

Use of Known and Anonymous Informants 131

Limits to the Exclusionary Rule 139

Fruit of the Poisonous Tree 145

Suing the Police for a Violation of the Fourth Amendment 149

Contemporary Issues: Deadly Force and Warrants 150

Summary 152

Glossary 153

Additional Readings 154

Chapter 7 Warrantless Searches of People and Their Immediate Area and Things 157

Key Points ' 57

Searches of People and the Fourth Amendment 157

Search of a Person Incident to Arrest 158

Search of Youth in Schools 168

Search upon Booking and Inventory Searches 171

Contemporary Issues: Airport and Border Screenings 173

Summary 178

Glossary 179

Additional Readings 179

Chapter 8 Searches of Houses and Real Property 181

Key Points 181

Fourth Amendment and Searches of Homes 181

Consent Entry Searches 182

Exigent Entry and Searches of a Home 185

How and When Can Search Warrants Be Effectuated? 186

Open Fields Rule 192

Contemporary Issues: Protective Sweeps of a Home 194

Summary 197

Glossary 197

Additional Readings 198

Chapter 9 Warrantless Searches and Privacy of Personal Effects 199

Key Points 199

Warrantless Searches of People's Personal Effects 200

Plain View 200

Automobile Searches 205

Abandonment of Property 216

Contemporary Issues: Roadside Car Searches of African Americans 217

Summary 223

Glossary 224

Additional Readings 224

Chapter 10 Right to Counsel in Pretrial Stages 227

Key Points 227

The Sixth Amendment's Right to Counsel 227

Arrests and the Right to Counsel 233

Sixth Amendment and Pre- and Post-Indictment Lineups, Showups, and Photo Arrays 236

Contemporary Issues: Guantanamo Bay and Military Tribunals 241

Summary 243

Glossary 243

Additional Readings 244

Index 245

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