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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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Add Criminal Procedure: Examples and Explanations, Concise and well-written, this second edition of Robert Bloom and Mark Brodin's successful paperback guide provides students with a clear roadmap to understanding Criminal Procedure, and serves as the perfect companion to your casebook. The Second Edition, Criminal Procedure: Examples and Explanations to the inventory that you are selling on WonderClubX
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Add Criminal Procedure: Examples and Explanations, Concise and well-written, this second edition of Robert Bloom and Mark Brodin's successful paperback guide provides students with a clear roadmap to understanding Criminal Procedure, and serves as the perfect companion to your casebook. The Second Edition, Criminal Procedure: Examples and Explanations to your collection on WonderClub |