Criminal Procedure: Examples and Explanations,9780735539686

Criminal Procedure: Examples and Explanations

by ;
Edition: 4th
ISBN13: 9780735539686
ISBN10: 0735539685
Format: Paperback
Pub. Date: 2004-07-29
Publisher(s): Wolters Kluwer
List Price: $40.90

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Summary

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,, The right to counsel, And The aftermath of the September 11, 2001 attacks. The authors teach at Boston College Law School.

Author Biography

Robert M. Bloom: Professor of Law, Boston College Law School Mark S. Brodin: Professor of Law, Boston College Law School

Table of Contents

Table of Figures
xv
Preface xvii
Acknowledgments xix
Overview of Constitutional Criminal Procedure
1(10)
PART ONE Search and Seizure---The Framework of the Fourth Amendment
Introduction to the Fourth Amendment
11(6)
When Does the Fourth Amendment Apply?
17(28)
Governmental Action --- Public Versus Private Search
17(6)
Reasonable Expectation of Privacy
23(22)
What Does the Fourth Amendment Require? --- The Doctrine of Justification
45(78)
Probable Cause---The Standard for Search and Arrest
46(24)
Reasonable Suspicion---The Standard for Stop and Frisk
70(4)
What Constitutes a Stop?
74(5)
The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feel
79(26)
Administrative Searches
105(18)
Search and Arrest Warrants
123(24)
Note on the Warrant Requirement
123(1)
The Components of a Valid Search Warrant
124(16)
Neutral and Detached Magistrate
124(1)
The Probable Cause Showing
125(2)
The Particularity Requirement
127(13)
Execution of a Search Warrant
140(1)
Administrative Search Warrants
141(1)
Anticipatory Search Warrants
141(1)
The Arrest Warrant Requirement
142(1)
The Components of a Valid Arrest Warrant
143(4)
Warrantless Searches and Seizures
147(54)
Introduction
147(1)
Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances)
148(10)
Exceptions That Require Probable Cause: Search Incident to Arrest
158(11)
Exceptions That Require Probable Cause: The Automobile Search and the Container Doctrine
169(6)
Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentions
175(1)
Administrative and Inventory Searches
175(2)
Warrantless Intrusion Requiring No Justification: Consent
177(13)
The Plain View Doctrine
190(7)
The Problem of Pretext
197(4)
The Exclusionary Rule: Rationale, Operation, and Limitations
201(56)
The Rationale of the Exclusionary Rule
201(5)
The Derivative Evidence (``Fruit-of-the-Poisonous-Tree'') Doctrine
206(17)
Limitations on the Exclusionary Rule
223(34)
Standing
223(12)
Limitation to Criminal Trial Versus Other Proceedings
235(4)
The Good Faith Exception
239(13)
The Impeachment Exception
252(1)
Harmless Error
253(4)
PART TWO Interrogation and Confessions
The Voluntariness Standard
257(14)
The Miranda Approach
271(74)
The Miranda Decision
271(3)
The Components of Miranda
274(55)
Custody
275(8)
Interrogation
283(13)
The Substance and Adequacy of the Warnings
296(6)
Waiver of Miranda Rights
302(13)
Waiver After Invocation of the Right to Silence or to Counsel
315(14)
Limitations on the Scope of the Miranda Exclusionary Rule
329(13)
Use of the Statement for Impeachment
331(1)
The Public Safety Exception
332(7)
Suppression of the Fruits of a Statement Obtained in Violation of Miranda
339(3)
Summary --- What's Left of Miranda?
342(3)
The Sixth Amendment ``Right to Counsel'' Approach
345(14)
The Massiah Doctrine
345(2)
The ``Deliberately Elicit'' Standard
347(1)
At What Point Does the Massiah Doctrine Apply? --- The Initiation of Judicial Proceedings
348(2)
Waiver and Exceptions to the Massiah Doctrine
350(5)
Overview of Interrogation and Confessions
355(4)
PART THREE Other Investigative Procedures
Other Investigative Procedures --- Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, ``High-Tech'' and Computer Searches
359(28)
Eyewitness Identification
360(7)
Bodily Intrusions and Examination of Suspect's Physical Attributes
367(6)
Entrapment
373(8)
The Common Law Defense
374(1)
Due Process
375(6)
``High-Tech'' Searches
381(6)
Electronic Surveillance and Wiretapping
381(1)
Searches of Computers
382(5)
September 11, 2001, and Its Aftermath
387(6)
Appendix 393(14)
Table of Cases 407(14)
Index 421

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