목차
Preface xv
About the Authors xix
Chapter 1 The Court System and Legal Rights 3
Focal Points 3
Introduction 4
Part One: The United States Dual Court System 5
Part Two: The Trial and Appellate Processes Distinguished 7
Part Three: The Territorial Effect of Judicial Decisions 8
Part Four: The Doctrine of Stare Decisis 9
Part Five: The Exclusivity of Federal and State Jurisdictions 10
Part Six: Jurisdiction and Venue Distinguished 11
Part Seven: Origins of Rights 12
Constitutions 12
Statutes 14
Case Law 15
Subordinate Legislation 15
Part Eight: The Incorporation Doctrine 16
Background 16
Doctrinal Approaches 17
The Concept of Fundamental Rights 17
Rights Amenable to Incorporation 18
Rights Not Amenable to Incorporation 19
Nationalization of the Bill of Rights 19
References 19
Cases Cited 20
Chapter 2 The Criminal Justice Process 21
Focal Points 21
Introduction 22
Part One: Pretrial Process 22
Filing of a Complaint 22
Arrest 23
Booking 23
Initial Appearance Before a Magistrate 24
Setting of Bail 25
Preliminary Hearing 26
Prosecutorial Decision to Charge 27
Grand Jury Indictment and Information Differentiated 27
Arraignment 29
Plea by Defendant 29
Part Two: Trial Process 31
Selection of Jurors 31
Opening Statements 32
Presentation of Case for the Prosecution 33
Presentation of Case for the Defense 33
Rebuttal Evidence 35
Closing Arguments 35
Judge's Instructions to Jury 36
Jury Deliberations 37
Verdict 37
Part Three: Posttrial Process 38
Sentencing 38
Appeal 39
Habeas Corpus 40
References 41
Cases Cited 42
Chapter 3 Probable Cause 43
Focal Points 43
Introduction 43
Part One: Definition of Probable Cause 44
Part Two: Who Determines Probable Cause? 46
Part Three: Factors Invalidating Arrests and Searches 47
Part Four: Sources of Probable Cause 48
Part Five: Measures Warranting Probable Cause 48
Part Six: Advantages of an Arrest Warrant 49
Part Seven: How Is Probable Cause Established? 50
General Guidelines 50
The Officer's Own Knowledge of Facts and Circumstances 50
Information Given by Informants 51
Informant Involved in Criminal Activity 51
Informant Not Involved in Criminal Activity 53
Information Reinforced with Corroboration 54
Part Eight: Probable Cause and Other Standards of Proof Differentiated 54
Part Nine: Probable Cause and Reasonable Suspicion Differentiated 55
Part Ten: Reviewability of Findings of Probable Cause and Reasonable Suspicion 56
References 56
Cases Cited 57
Chapter 4 The Exclusionary Rule 59
Focal Points 59
Introduction 60
Part One: The Fourth Amendment and the Exclusionary Rule 61
Exclusionary Rule 61
Part Two: Exclusionary Rule Defined 62
Part Three: The History of the Exclusionary Rule 63
The Federal Court Level 63
The State Court Level 65
When Can the Exclusionary Rule Be Invoked? 66
Part Four: Exceptions to the Exclusionary Rule 67
Good Faith 67
Error Was Made by a Judge 68
Error Was Made by a Court Employee 69
Police Erroneously Believed That the Information Given to a Magistrate Was Correct 69
Police Reasonably Believed That the Person Who Gave Authority to Enter Premises Had Authority to Give Consent 69
Police Action Was Based on a Law That Was Later Declared Invalid or Unconstitutional 70
Inevitable Discovery 70
Purged Taint 70
Independent Source 71
Plain View Doctrine 71
Searches Incidental to a Lawful Arrest 73
Searches with Consent 74
Part Five: Advantages and Disadvantages of the Exclusionary Rule 75
Advantages 75
Disadvantages 76
Part Six: Alternatives to the Exclusionary Rule 76
The Erosion of the Fourth Amendment and the Future of the Exclusionary Rule 77
Part Seven: Some Pertinent Cases 78
References 89
Cases Cited 90
Chapter 5 Stop and Frisk 93
Focal Points 93
Introduction 94
Part One: Legal Basis for Detention 94
What Constitutes Reasonable Suspicion? 95
Part Two: Reasonable Suspicion Defined 96
Who Determines Reasonable Suspicion? 97
Factors Precipitating Reasonable Suspicion 97
Appearance of the Suspect 97
Actions of the Suspect 98
Area in Which the Suspect Is Observed 98
Part Three: Measures Warranting Reasonable Suspicion 99
Stop and Frisk 99
Leading Cases on Stop and Frisk 101
Part Four: Stop and Frisk Exceptions 109
Investigatory Automobile Stops 109
Automobile Stops Based on Anonymous Tips 110
Automobile Stops Based on Pretexts 111
Can Police Require Drivers and Passengers to Exit Their Vehicles? 111
Use of Drug Courier Profiles 112
Racial Profiling in Stop and Frisk 112
Part Five: Factors Invalidating a Stop and Frisk 113
Part Six: Some Pertinent Cases 114
References 122
Cases Cited 123
Chapter 6 Searches and Seizures 125
Focal Points 125
Introduction 125
Part One: The Legal Basis for Searches and Seizures 126
Part Two: A Search and a Seizure Defined 128
Part Three: Types of Searches and Seizures 129
Searches and Seizures with Warrants 129
The Probable Cause Requirement 130
The Supporting Affidavit 130
Specificity of a Search Warrant 131
Signature of a Magistrate 132
Anticipatory Search Warrants 132
Executing the Search Warrant 133
Announcing the Warrant 134
Searches and Seizures without Warrants 135
Exceptions to the Search Warrant 136
Searches Incidental to a Lawful Arrest 136
Searches with Consent 136
Exigent Circumstances 137
Stop and Frisk 138
Automobiles 138
Items in Plain View 140
Searches of Airports, Borders, and Abandoned Property 141
Part Four: Some Pertinent Cases 143
References 157
Cases Cited 158
Chapter 7 Arrests 163
Focal Points 163
Introduction 164
Part One: Principles Governing an Arrest 167
The Specificity of Probable Cause 167
Establishing Probable Cause 168
Officer's Firsthand Observations 169
Information Provided by an Informant 170
Information plus Corroboration 171
Part Two: The Elements of an Arrest 172
The Intent to Arrest a Suspect 173
The Authority to Arrest 173
Seizure and Detention 174
The Understanding of the Arrestee 175
Part Three: Arrests with and without a Warrant 176
Arrests with a Warrant 176
Service of an Arrest Warrant 178
Search Warrants and Third-Party Premises 180
Legal Authorizations Analogous to an Arrest Warrant 180
Specificity of an Arrest Warrant 181
Arrests without a Warrant 182
Concerning Felonies 183
Concerning Misdemeanors 185
Concerning Traffic Violations 185
Concerning Minor Offenses Not Punishable with a Jail Term 185
Part Four: Legal Consequences of False Arrests and False Imprisonment 186
Civil Liability under State Tort Law 186
Civil Liability under Federal Law 187
A Private Citizen's Right to Make an Arrest 189
Inadmissibility of Evidence Obtained 190
Part Five: Invalid Actions of Police during Arrests and Legitimate Actions of Police after Arrests 190
Invalid Actions of Police during Arrests 190
The Practice of "Media Ride-Along" 190
Strip or Cavity Search 191
Warrantless Protective Search 191
Legitimate Actions of Police after Arrests 192
Searching the Suspect 193 Searching the Area within the Immediate Control of the Suspect 193
Searching the Passenger Compartment of a Motor Vehicle 194
Handcuffing the Suspect 194
Monitoring the Movement of the Suspect 194
Searching the Suspect at the Place of Detention 195
The Disposition of Suspects after Arrest 195
Booking 195
Initial Appearance before a Magistrate 196
The Purposes of an Initial Appearance before a Magistrate 197
The Setting of Bail 197
Part Six: Overview of Principles Governing the Law of Arrest 198
Part Seven: Some Pertinent Cases 199
References 209
Cases Cited 211
Chapter 8 Field and Custodial Interrogations 213
Focal Points 213
Introduction 213
Part One: The Legal Basis of Custodial Interrogations 215
The Fifth Amendment 215
Self-Incrimination 216
Self-Incriminating Statements 216
The Sixth Amendment 216
The Right to an Attorney 216
From the Investigatory to the Accusatory 217
Miranda Rights 218
Waiver of Miranda Rights 220
Part Two: Leading Cases in Field and Custodial Interrogations 221
Part Three: The Protection against Self-Incrimination 226
Conditions When the Miranda Warnings Are Not Required 228
Part Four: The Erosion of Miranda v. Arizona 228
Part Five: Some Pertinent Cases 234
References 253
Cases Cited 254
Chapter 9 Suspect Identification Procedures 257
Focal Points 257
Introduction 257
Part One: Legal Basis for Suspect Identification Procedures 258
Part Two: Identification Procedures Defined and Classified 260
Part Three: External and Internal Identification Procedures 260
External Identification Procedures 261
Computer-Generated Composites 261
Showups 262
Photographic Arrangements 264
Lineups 266
Lineups: Self-Incrimination Challenge 267
Lineups: Right-to-Counsel Challenge 267
Internal Identification Procedures 269
Blood Samples 269
Dental Examination 270
Voice Exemplars 270
Handwriting Exemplars 271
Fingerprint Analysis 272
Footprint Samples 273
Deoxyribonucleic Acid Tests or DNA Profiling 273
Part Four: Some Pertinent Cases 275
References 283
Cases Cited 287
Index 287