Black Letter Outline on Basic Criminal Procedure

, by Saltzburg, Stephen A.; Capra, Daniel J.; Davis, Angela J.

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780314158918 | 031415891X
Cover: Paperback
Copyright: 2/28/2005

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This Black Letter presents the basic principles of criminal procedure. Provides extensive discussion on the Fourth Amendment, exclusionary rules, and significant cases such as Miranda and their effect on constitutional interpretation. Addresses exceptions to the general Fourth Amendment requirements of probable cause and warrant, eavesdropping, and the use of secret agents. Also examines remedies for Fourth Amendment violations, privilege against self-incrimination, self-incrimination and confessions, constitutional limits on identification evidence, and the right to counsel.

Capsule Summary

(70)

Perspective

(10)

Introductory Concepts: Determining the Effect of a Supreme Court Decision on Criminal Procedure

(12)

Application of Bill of Rights Protections to the States---Incorporation

(5)

Bill of Rights and Fourteenth Amendment

(1)

Scope of Protection

(1)

Incorporating the Bill of Rights

(1)

Analysis Employed

(1)

Fundamental Rights Approach

(1)

Criticism of Case-By-Case Approach

(1)

Total Incorporation Approach

(1)

Criticism of Total Incorporation Approach

(1)

Effect of Total Incorporation View

(1)

The Selective Incorporation Approach

(1)

Generalized Approach

(1)

Criticism of Selective Incorporation

(1)

Selective Incorporation Predominates

(1)

Rights Not Selectively Incorporated

(1)

Advantages and Disadvantages of Equal Application on Federal and State Level

(1)

Efficiency

(1)

Possible Erosion of Federal Protections

(1)

Non-Constitutional Protections

(1)

Supervisory Power

(1)

Limitations

(1)

State Court Activism: Providing Greater Rights to Criminal Defendants by Relying on the State Constitution

(5)

Greater Protection Under State Law

(1)

No Federal Question

(1)

Two-Step Process

(1)

Different Language

(1)

Independent Policy Determination

(1)

Limitations on Activism

(1)

Amendments to State Constitutions

(1)

Plain Statement Rule

(1)

Decision on Both Federal and State Grounds

(1)

Remand to State Court

(2)

The Fourth Amendment

(78)

Introduction

(6)

Basics of the Fourth Amendment

(1)

Does Not Apply to Private Activity

(1)

Government Can Use the Fruits of a Private Search

(1)

Not Acting in an Official Capacity

(1)

Private Actors as Government Agents

(1)

Applies to All Government Agents, Not Just Police Officers

(1)

Protects ``The People''

(1)

Protects Innocent and Guilty Alike

(1)

Does Not Protect Aliens When the Search Is Conducted Abroad

(1)

Dissent

(1)

Open Question: Does the Fourth Amendment Apply To Searches Conducted of Illegal Aliens and Their Property In the United States?

(1)

Protects ``Persons, Houses, Papers and Effects''

(1)

Two Clauses

(1)

Which Clause Predominates?

(1)

Historical Basis

(1)

Predominance of the Warrant Clause

(1)

Rationale

(1)

Common Law Approach

(1)

The Theory of the Warrant Clause

100

(1)

Prior Record of Probable Cause

100

(1)

Limitation on the Scope of a Search

100

(1)

Sign of Authority

100

(1)

The Rise of the Reasonableness Clause

101

(1)

Threshold Requirements for Fourth Amendment Protections; ``Search'' and ``Seizure''

101

(26)

The Katz Test

102

(1)

Government Contentions In Katz

102

(1)

Court's Response In Katz

102

(1)

Modern Definition of ``Search'' and ``Seizure''

102

(1)

Concurring Opinion of Justice Harlan

103

(1)

Interests Protected by the Fourth Amendment After Katz

103

(1)

The Fourth Amendment Protects ``Legitimate'' Interests

103

(1)

If it Is Legitimate, What Is There to Hide?

103

(1)

Physical Disruption and Inconvenience

104

(1)

Interest in Secrecy

104

(1)

Possessory Interests

104

(1)

Different Intrusions

104

(1)

Application of the Katz Principle: Manifestation of a Subjective Interest in Privacy

105

(1)

Strict Application

105

(1)

Abandonment

105

(1)

Sufficient Manifestation Found Under Some Circumstances

106

(1)

Application of the Katz Principle: Legitimacy of the Expectation of Privacy, Access by Members of the Public

106

(1)

Bank Records

106

(1)

Telephone Pen Registers

106

(1)

Recordkeeping by Third Party Not Required

107

(1)

Dissents in Smith and Miller

107

(1)

Response

107

(1)

Trash

107

(1)

Lack of Choice Irrelevant

108

(1)

Efforts at Concealment

108

(1)

Dissent

108

(1)

Limitations on Greenwood

109

(1)

Homeless Persons

109

(1)

Aerial Surveillance

109

(1)

Rationale

110

(1)

Dissent

110

(1)

Low-Flying Helicopters

110

(1)

Legally Permissible Access

110

(1)

Actual Access

110

(1)

Burden of Proof

111

(1)

Implications From Riley

111

(1)

Limitations on Public Access Theory

111

(1)

Hotel Room Searches

111

(1)

Distinction from Smith and Miller

112

(1)

Must Have a Current Right to Reside in the Room

112

(1)

Bags in Public Transit

113

(1)

Application of Katz: Investigation Which Can Only Uncover Illegal Activity Is Not a Search

113

(1)

Dog Sniffs

113

(1)

Implications From Place

113

(1)

Seizure of Luggage in Order to Conduct the Canine Sniff Triggers Fourth Amendment Protections

114

(1)

Positive Result Does Not Allow Opening the Luggage

114

(1)

Dog Sniffs of People

115

(1)

Dog Sniffs of Rooms and Residences

115

(1)

Chemical Tests

115

(1)

Not All Chemical Tests Are Free From Fourth Amendment Scrutiny

116

(1)

Seizure to Do the Test

116

(1)

Application of Katz: Re--Opening of Packages by Government Officials

116

(1)

Rationale

116

(1)

Re-Opening After Private Search

116

(1)

Dissent

117

(1)

Later Activity Can Be a Search to the Extent That it Exceeds the Scope of the Original Legal Search

117

(1)

Controlled Delivery

117

(1)

Lapse in ``Control''

118

(1)

Dissent

118

(1)

Application of Katz: Sensory Enhancement Devices

118

(1)

Beepers

118

(1)

Sale of Merchandise Containing a Beeper

119

(1)

Entering a Private Area to Install a Beeper

119

(1)

Obtaining Private Information Through Use of a Beeper

119

(1)

Flashlights

120

(1)

Binoculars

120

(1)

Microphones

120

(1)

High-Tech Cameras

120

(1)

Limitations on Dow

121

(1)

Thermal Imaging Devices

121

(1)

Application of Katz: Prisoners and Jail Cells

122

(1)

Rationale

122

(1)

Dissent

122

(1)

Searches of Persons

122

(1)

Application of Katz: Open Fields

123

(1)

Rationale

123

(1)

No Case-By-Case Approach

123

(1)

Dissent

124

(1)

Curtilage Remains Protected

124

(1)

Porches, Decks, etc. as Curtilage

125

(1)

Aerial Surveillance

125

(1)

Industrial Property

125

(1)

Other Property

126

(1)

Application of Katz: Public School Students

126

(1)

Search Is Reasonable

126

(1)

Application of Katz: Government Employees

126

(1)

Search Is Reasonable

127

(1)

The Probable Cause Requirement

127

(21)

Standard of Proof Required for Probable Cause to Exist

127

(1)

No Requirement of Certainty

127

(1)

Plausible, Innocent Explanations Are Not Dispositive

128

(1)

Officers Are Allowed to Make Reasonable Mistakes

128

(1)

Totality of Circumstances

129

(1)

Deference to Police Officer's Expertise

129

(1)

Collective Knowledge

130

(1)

Generally Required for All Searches and Seizures

130

(1)

Exceptions

130

(1)

Seizures of Persons or Things Which Constitute a Limited Intrusion

130

(1)

Limited Searches to Protect the Officer From Harm

131

(1)

Search or Seizure Conducted for Special Needs Beyond Criminal Law Enforcement

131

(1)

All Searches for Criminal Law Enforcement Purposes Require Probable Cause

131

(1)

Application of the Probable Cause Standard to Questions of Identity

131

(1)

Particularized Information Required

132

(1)

Statistics

132

(1)

Ownership and Control

132

(1)

Fitting a Description

132

(1)

Prior Criminal Record

133

(1)

Application of Probable Cause Standard to Equivocal Conduct

133

(1)

Innocent Explanations for Equivocal Activity

133

(1)

First Amendment Considerations

134

(1)

Probable Cause as Applied to Location

135

(1)

Staleness

135

(1)

One of Several Locations

136

(1)

The Use of Hearsay in the Probable Cause Determination

136

(1)

Former Two--Pronged Test for Evaluating Hearsay

137

(1)

First Prong: Reliable Informant

137

(1)

Police Officers

137

(1)

Citizen--Informants

137

(1)

Informants With Track Records

137

(1)

Declarations Against Interest

138

(1)

Anonymous Informants

138

(1)

Second Prong: Personal Knowledge

138

(1)

Direct Statement of Personal Knowledge

138

(1)

Self--Verifying Detail

138

(1)

Independent Prongs

139

(1)

Corroboration

139

(1)

Rejection of the Two-Pronged Test and Adoption of the Totality of Circumstances Approach

140

(1)

Facts of Gates

140

(1)

Lower Court Analysis

140

(1)

Analysis in Gates

141

(1)

Dissent in Gates

141

(1)

Impact of Gates

141

(1)

No Change in Many Cases

142

(1)

A Tip Which Fails Both Prongs Cannot Itself Constitute Probable Cause

142

(1)

Strong Showing on One Prong Can Make up for a Weak Showing on the Other

143

(1)

The Expanded Role of Corroboration

144

(1)

Corroboration of Innocent Activity

145

(1)

Strict Scrutiny of the Magistrate's Determination Is No Longer Permitted

146

(1)

Deferential Review In Warrantless Search Cases

146

(1)

Gates Rejected by a Number of State Courts

146

(1)

Disclosure of Informant's Identity

146

(1)

Disclosure Is Not Generally Required

147

(1)

Where Officer's Testimony Is Not Credible

147

(1)

In Camera Proceedings

147

(1)

Police Misrepresentation of Facts Constituting Probable Cause

147

(1)

Franks Hearing

147

(1)

No Relief for Negligent Misstatements

148

(1)

Remaining Information May Still Constitute Probable Cause

148

(1)

Obtaining a Valid Search Warrant

148

(11)

Neutral and Detached Magistrate

148

(1)

Cannot Be a Law Enforcement Official

148

(1)

Conducting the Search Destroys Neutrality

149

(1)

Contingent Fee Destroys Neutrality

149

(1)

``Rubber Stamp''

149

(1)

Need Not Be Lawyers

149

(1)

Federal Courts

149

(1)

Must Be Competent to Determine Probable Cause

150

(1)

Magistrate Decisions

150

(1)

Probable Cause Based Only on Facts Presented to the Magistrate

150

(1)

Affidavits

150

(1)

Telephone Warrants

150

(1)

Warrant Is Obtained ex parte

151

(1)

Particular Description of Place to Be Searched

151

(1)

Rationale

151

(1)

Reasonable Particularity

151

(1)

Applicability to More Than One Location

151

(1)

Problems of Execution

152

(1)

Incorrect Address

153

(1)

Technical Accuracy Not Required

153

(1)

Particular Description of Things to Be Seized

154

(1)

Reasonable Particularity

154

(1)

Documents

155

(1)

Document Searches Will Usually Be Extensive

155

(1)

Pervasive Criminal Activity

156

(1)

Catch-All Clauses in the Warrant

156

(1)

Catch-Alls Must Be Qualified by Preceding Descriptions

156

(1)

Qualification by Reference to a General Crime Is Insufficient

156

(1)

Must Be Qualified by Previously Described Property

157

(1)

Severability

157

(1)

Warrant Can Authorize the Seizure of ``Mere Evidence''

158

(1)

Issuing Warrants Against Non-Suspects

158

(1)

No Special First Amendment Protection

158

(1)

Statutory Protections for the Media

159

(1)

Execution of Search Warrants

159

(12)

Time of Execution

159

(1)

New Information

159

(1)

Anticipatory Search Warrants

160

(1)

Execution in the Nighttime

160

(1)

Constitutional Concerns

160

(1)

Execution in the Absence of the Occupant

161

(1)

Covert and Surreptitious Entries

161

(1)

Notice Requirement

161

(1)

Rationale

162

(1)

Constitutional Basis

162

(1)

Manner of Entry

162

(1)

Open Doors

162

(1)

Entry by Ruse

163

(1)

Compliance With the Notice Requirement

163

(1)

Response by Occupants

163

(1)

Emergency Exception

163

(1)

Destruction of Property

164

(1)

Forcible Entry After Knocking and Announcing

164

(1)

Use of Extraordinary Force

165

(1)

Scope and Intensity of the Search

165

(1)

Search of the ``Premises'' Described in the Warrant

165

(1)

Vehicles Within Curtilage of Described Premises

166

(1)

Scope of Search Inside the Premises

166

(1)

Personal Effects in Described Premises

166

(1)

Search of Person Described in Warrant

166

(1)

Search of Person Includes Things Carried by the Person

167

(1)

Search of Person Not Described in Warrant

167

(1)

Detention of Individuals While the Premises Is Searched

167

(1)

Arrival While Search Is Conducted

167

(1)

Intensity of Search

168

(1)

Length of Search and Damage to Premises

168

(1)

The Presence of Private Citizens

168

(1)

Assistance by Occupant

168

(1)

Assistance of Private Individuals

169

(1)

Media Ride Alongs

169

(1)

Flagrant Disregard of Warrant Limitations

170

(1)

Exceptions to the General Fourth Amendment Requirements of Probable Cause and a Warrant

171

(174)

Introduction

174

(1)

Presumptively Unreasonable

174

(1)

Different Requirements for Each Exception

174

(1)

The Plain View Doctrine

174

(6)

Seizure Without a Warrant

174

(1)

Justification

175

(1)

Limitations on the Plain View Doctrine

175

(1)

Officer Must Be Within the Scope of Lawful Activity

175

(1)

Plain View Doctrine Allows Warrantless Seizures, Not Warrantless Searches

175

(1)

Exception for Containers Which ``Bespeak'' Their Contents

176

(1)

Probable Cause Required for a Plain View Seizure

176

(1)

Nexus to Criminal Activity

176

(1)

Probable Cause Must Be Immediately Apparent, Without the Necessity of a Further Search

177

(1)

Arizona v. Hicks

177

(1)

Ruling in Hicks

177

(1)

Immediately Apparent

178

(1)

No Requirement That the Plain View Discovery Be Inadvertent

178

(1)

Facts of Horton

178

(1)

Rationale of Horton

178

(1)

Plain Touch

179

(1)

Rationale

179

(1)

Touch Cannot Be Beyond the Scope of Legal Activity

179

(1)

Warrantless Arrests

180

(6)

No Warrant Required for a Public Arrest

180

(1)

What Is at Stake

180

(1)

Rationale of Watson

180

(1)

Post-Arrest Determination of Probable Cause

180

(1)

Much Like a Pre-Arrest Warrant Procedure

180

(1)

Prompt Hearing Is Required

181

(1)

Arrests for Minor Offenses

181

(1)

Warrant Required for an In-Home Arrest

181

(1)

Distinguished From Watson

181

(1)

Payton Violation Constitutes Illegal Search, Not an Illegal Arrest

182

(1)

When Is an Arrest Made in the ``Home?''

182

(1)

Doorway Arrests

182

(1)

Common Hallways

183

(1)

Homeless Persons

183

(1)

Hotels and Motels

183

(1)

Houseboats, Mobile Homes, etc.

184

(1)

Arrest in the Course of Executing a Search Warrant

184

(1)

Search Warrant Is Required for an Arrest in the Home of a Third Party

184

(1)

Arrest Warrant Not Sufficient if the Suspect Is Temporarily In the Home of Another

184

(1)

Rationale of Steagald

184

(1)

Distinction From Payton

185

(1)

Is the Suspect Living at or Visiting the Premises?

185

(1)

Who Has Standing to Object to the Lack of a Search Warrant?

185

(1)

Anomaly

186

(1)

Can a Visitor Object to the Lack of an Arrest Warrant When Arrested in a Third Party's Home?

186

(1)

Exigent Circumstances

186

(13)

Introduction

186

(1)

Rationale

186

(1)

Types of Risks Which Excuse the Warrant

187

(1)

Hot Pursuit

187

(1)

Suspect Must Be Aware of Pursuit

187

(1)

Risk to Public or Police Safety

188

(1)

Government Must Show an Imminent Risk to Public or Police Safety

188

(1)

Fire Scenes

189

(1)

Destruction or Loss of Evidence

189

(1)

Factors Relevant to Whether an Imminent Risk of Destruction of Evidence Exists

190

(1)

Narcotics Cases

191

(1)

Need Not Be In the Process of Destruction

191

(1)

Not an Automatic Rule

192

(1)

Murder Scene Searches

192

(1)

Minor Crimes

192

(1)

No Misdemeanor/Felony Distinction

193

(1)

Impermissible Creation of Exigent Circumstances

193

(1)

No Impermissible Creation of Exigency Where Officers Act Lawfully

193

(1)

Initial Search or Seizure Must Itself Be Illegal for ``Impermissible Creation'' Doctrine to Be Applicable

194

(1)

Another View---Impermissible Creation Is Found When the Officer's Sole Intent Is to Create Exigent Circumstances

194

(1)

Intent--Based Test

195

(1)

Supreme Court's Emphasis on Objectivity

195

(1)

Prior Opportunity to Obtain a Warrant

195

(1)

Probable Cause and Opportunity to Obtain a Warrant Must Be Clear

195

(1)

Litigation Anomaly

196

(1)

Telephone Warrants

197

(1)

Telephone Warrants Can Be Time--Consuming

197

(1)

Securing Premises While Waiting for the Warrant

197

(1)

Illinois v. McArthur

198

(1)

The Court's Rationale

198

(1)

Stop and Frisk

199

(52)

Terry and the Court's Reliance on the Reasonableness Clause of the Fourth Amendment

199

(1)

Stop and Frisk Permissible if Reasonable Suspicion Exists

199

(1)

Inapplicability of the Warrant Clause

199

(1)

Importance of Reasonableness Clause Analysis

200

(1)

Application of Reasonableness Balancing to Stop and Frisk

200

(1)

Application of Reasonable Suspicion Standard to the Facts of Terry

201

(1)

Reasonableness Balancing Not Limited to Stop and Frisk

201

(1)

Three Categories of Police--Citizen Contacts

201

(1)

Arrest and Incident Search

201

(1)

Stop and Frisk

201

(1)

Encounter

202

(1)

Standard of Proof Must Accord With the Intrusion

202

(1)

What Is a ``Stop''?--The Line Between Stop and Encounter

202

(1)

The Mendenhall Reasonable Person Test

203

(1)

Does a Reasonable Person Ever Feel Free to Leave From an Officer's Presence?

203

(1)

Active Coercion Prohibited

203

(1)

Factors Considered Under the Mendenhall Test

203

(3)

Two Modifications to the Mendenhall ``Free to Leave'' Test

206

(1)

Bostick: Not Free to Leave Because of the Suspect's Own Circumstances

206

(1)

Literal Application Rejected

206

(1)

Freedom to Terminate the Encounter

206

(1)

No Per Se Rule Requiring that Passengers be Warned

207

(1)

Hodari: If Coercive Tactics Are Non-Physical, It Is Not a Stop Until the Suspect Submits

207

(1)

Two Types of Seizures

207

(1)

Physical Touching Is a Seizure

208

(1)

Non-physical Show of Authority Is Not a Stop Until the Suspect Submits

208

(1)

Application to the Facts of Hodari

208

(1)

Officer Is Not Required to Use an Encounter as a ``Less Intrusive Alternative''

208

(1)

What Is Reasonable Suspicion?

209

(1)

Nature of the Analysis Is Similar

209

(1)

Difference In Quantity and Quality of Proof

210

(1)

Quantum of Suspicion Required for Reasonable Suspicion

210

(1)

Questions of Identity of a Perpetrator

211

(1)

``Stop and Identify'' Statutes

211

(1)

General Description Can Support a Stop

211

(1)

Descriptions Can Be Incorrect in Certain Particulars

212

(1)

Changed Circumstances May Be Taken into Account

212

(1)

Size of the Area Is Relevant

213

(1)

Number of People in the Area Is Relevant

213

(1)

Suspicious Activity of a Person Fitting a General Description

213

(1)

Suspect ``Fails'' the Encounter

214

(1)

Prior Record of Criminal Activity

214

(1)

At Some Point, the Totality of Factors Remains Too General to Support a Stop

214

(1)

Suspicious Conduct

215

(1)

Case-by-Case Approach; Relevant Factors

216

(1)

Sokolow Approach Affirmed

217

(1)

Patterns of Activity

217

(1)

Demonstrated Unfamiliarity

218

(1)

Time of Day

218

(1)

Location of Activity; High Crime Area

219

(1)

Known Criminal Record

219

(1)

Evasion in a High Crime Area

220

(1)

Dissent in Wardlow

220

(1)

Some Reactions Are Not Evasive

220

(1)

Failing an Encounter

221

(1)

Non-cooperation During an Encounter

221

(1)

Non-cooperation Distinguished From Evasion

221

(1)

Nervousness During an Encounter

222

(1)

Example of Case in Which Reasonable Suspicion Was Found

222

(1)

Example of Case in Which Reasonable Suspicion Was Not Found

223

(1)

Use of Profiles

224

(1)

Match With Profile Is Not Dispositive

224

(1)

Officers' Use of Profile Does Not Render the Stop Illegal

225

(1)

Relevance of Suspect's Race

225

(1)

Racial Incongruity

225

(1)

Racial Profiling

226

(1)

Officers Can Rely on Collective Knowledge

227

(1)

Limitation

227

(1)

Use of Informants

227

(1)

Facts of White

228

(1)

Analysis in White

228

(1)

Application of the More Permissive Standards to the Facts of White

228

(1)

Corroboration Not as Substantial

229

(1)

Corroboration Sufficient to Support a Stop

229

(1)

Dissent in White

230

(1)

Reasonably Correct Prediction of Future Activity Is Strong Corroboration

230

(1)

Reliability of a Tip Is Irrelevant if Police Investigation Uncovers Sufficient Facts

230

(1)

No ``Firearm Exception''

231

(1)

The Right to Frisk Incident to a Stop

231

(1)

Frisk Is Not a Search for Evidence

232

(1)

Plain View

232

(1)

Exception for Probationer's Residence---Terry Applied Outside the Stop and Frisk Context

232

(1)

Inception of a Frisk; Reasonable Suspicion of Bodily Harm

233

(1)

Automatic, Immediate Right to Frisk a Person Suspected of Violent Crime

233

(1)

Drug Distribution

234

(1)

Non-violent Crimes

234

(1)

Self--Protective Frisk of Those Not Suspected of a Crime

235

(1)

Automatic Companion Rule

236

(1)

Ordering a Person Out of a Car for Self--Protection

236

(1)

Bright-Line Rule

236

(1)

Passengers

237

(1)

Limitations on the Scope of a Frisk

237

(1)

Feeling an Object During a Pat--Down

237

(1)

Probable Cause

237

(1)

Containers on the Suspect's Person

238

(1)

Right to Protective Search Beyond the Suspect's Person

238

(1)

Protective Search of Automobiles

239

(1)

Protective Sweep

239

(1)

Facts of Buie

239

(1)

Analysis in Buie

240

(1)

Protective Sweep Not Permitted to Protect Against Destruction of Evidence

240

(1)

Arrests Outside the Home

240

(1)

Articulable Facts Must Indicate a Risk of Harm

240

(1)

Brief and Limited Detentions: The Line Between Stop and Arrest

241

(1)

Forced Movement of the Suspect to a Custodial Area

241

(1)

Police Cars

241

(1)

Transporting the Suspect to the Station for Interrogation or Fingerprinting

241

(1)

Forced Movement in Order to Obtain an Immediate Identification

242

(1)

Forced Movement for Purposes of Safety or Security

242

(1)

Investigative Techniques

243

(1)

Overly Intrusive Investigation Techniques

243

(1)

Time Limits on Terry Stops

244

(1)

Reasonable Diligence Test

244

(1)

Suspect's Actions May Justify a Lengthier Detention

245

(1)

Suspect's Refusal to Consent to a Search

245

(1)

Detention of Household Occupants During Execution of a Search Warrant

245

(1)

Show of Force or Use of Restraint

246

(1)

Relevant Factors

246

(1)

Detentions of Property Under Terry

247

(1)

Personal Interests at Stake

247

(1)

No Suspicion Required if There Is No Material Interference With Property

248

(1)

Reasonable Suspicion Is Sufficient for Certain Temporary Detentions of Property

249

(1)

Justification for Lengthy Detention of Property

249

(1)

Detentions of Property That Require Probable Cause

249

(1)

Holding in Place

250

(1)

Relevance of Notice

250

(1)

Diligence of the Investigation

250

(1)

Relevant Factors Determining Whether a Seizure of Property Requires Probable Cause

250

(1)

Reasonable Diligence Required

250

(1)

Relevance of Notice to the Property Owner

251

(1)

Administrative and Regulatory Searches and Seizures

251

(44)

Safety Inspections of Homes

252

(1)

Probable Cause Not Required

252

(1)

Rationale

252

(1)

Search Warrant Required

253

(1)

Role of the Judicial Officer

253

(1)

Benefit of the Warrant Requirement

254

(1)

Post--Camara Limitation on the Use of Warrants Without Probable Cause

254

(1)

Administrative Inspections of Businesses

254

(1)

Same Basic Analysis

255

(1)

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Black Letter Outline on Basic Criminal Procedure

Summary

Table of Contents

Supplemental Materials