Criminal Procedure Law and Practice

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ISBN: 9780495006008 | 0495006009
Cover: Hardcover
Copyright: 7/12/2006

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This eminently practical text has become a market leader as a result of its succinct, clear writing style, extensive use of engaging pedagogy, and unique ability to cover procedure completely and correctly without bogging students down in minutiae. Filled with case briefings, examples, sample police forms, and the most recent Supreme Court rulings, this book is known for its relevance to law enforcement officials and professionals in the field.

Preface

Part 1 Introduction

The Court System, Court Cases, and Sources of Rights

(32)

Introduction

(1)

The Structure of the Court System

(6)

The Federal Court System

(3)

The State Court System

(3)

The Territorial Effect of Judicial Decisions

(1)

Judicial Precedent (Stare Decisis)

(1)

Federal versus State Jurisdiction

(2)

Jurisdiction versus Venue

(1)

Court Cases

(2)

Case Citations

(1)

Internet Sources

(1)

How to Brief a Case

(2)

Sources of Rights

(5)

Constitutions

(3)

Statutory Law

(1)

Case Law

(1)

Court Rules

(1)

The Incorporation Controversy: Does the Bill of Rights Apply to the States?

(5)

Background

(1)

Approaches to Incorporation

(1)

Case Brief: Duncan v. Louisiana (1968)

(2)

Rights Held to Be Fundamental and Incorporated

(1)

Rights Not Incorporated

(1)

Nationalization of the Bill of Rights

(1)

The Judicial Review Doctrine

(1)

The Rule of Law

(2)

Summary

(1)

Review Questions and Hypothetical Cases

(1)

Key Terms

(1)

Holdings of Key Cases

(1)

Recommended Readings

(1)

Notes

(1)

Overview of the Criminal Justice Process

(40)

Introduction

(2)

The Procedure before Trial

(16)

The Filing of a Complaint

(1)

The Arrest

(2)

Booking at the Police Station

(1)

Initial Appearance before a Magistrate after the Arrest

(1)

The Setting of Bail

(1)

The Preliminary Hearing

(2)

The Decision by the Prosecutor to Charge

(1)

Grand Jury Indictment versus an Information

(2)

The Arraignment

(1)

The Plea by the Defendant

(2)

Plea Bargains

(3)

Case Brief: Santobello v. New York (1971)

(1)

The Procedure during Trial

(10)

The Selection of Jurors

(3)

Opening Statements by the Prosecution

(1)

Opening Statements by the Defense

(1)

Presentation of the Case for the Prosecution

(1)

Presentation of the Case for the Defense

(1)

Rebuttal Evidence

(1)

Closing Arguments

(1)

Defense Motions Prior to the Verdict

(1)

The Judge's Instructions to the Jury

(1)

Jury Deliberation

(1)

The Verdict---Guilty or Not Guilty

(2)

The Procedure after Trial

(4)

Sentencing

(1)

Appeal

(2)

Habeas Corpus

(1)

Beware: The Procedure in Your Jurisdiction May Differ

(3)

Application to Felony Cases

(2)

Variation among States

(1)

Variation within a State

(1)

Theory versus Reality

(1)

Summary

(1)

Review Questions and Hypothetical Cases

(1)

Key Terms

(1)

Holdings of Key Cases

(1)

Recommended Readings

(1)

Notes

(1)

Part 2 Levels of Proof and the Exclusionary Rule

Probable Cause and Reasonable Suspicion

(29)

Introduction

(1)

Probable Cause

(15)

Probable Cause Defined

(1)

A ``Man of Reasonable Caution''

(1)

A Practical Definition---More than 50 Percent Certainty

(1)

The Definition of Probable Cause Is the Same in All Areas of Police Work

(1)

Arrests of Persons versus Search and Seizure of Property

(1)

With a Warrant versus without a Warrant

(1)

The Advantages of Obtaining a Warrant

(1)

Determining Probable Cause

(1)

Establishing Probable Cause by What Is Found after an Illegal Act

(1)

What Can Be Used to Establish Probable Cause

(1)

How Probable Cause Is Established

(5)

Case Brief: Spinelli v. United States (1969)

(4)

Probable Cause and Motor Vehicle Passengers

(1)

Reasonable Suspicion

(4)

Reasonable Suspicion Defined

(1)

Case Brief: Alabama v. White (1990)

(1)

The Totality of Circumstances

(1)

Probable Cause and Reasonable Suspicion Compared

(1)

Appealing a Finding of Probable Cause or Reasonable Suspicion

(1)

Summary

(1)

Review Questions and Hypothetical Cases

(1)

Key Terms

(1)

Holdings of Key Cases

(1)

You Be the Judge

(2)

Recommended Readings

101

(1)

Notes

101

(1)

The Exclusionary Rule

102

(34)

Introduction

103

(1)

The Exclusionary Rule

104

(4)

The Exclusionary Rule Defined

104

(1)

The Purpose of the Rule

105

(1)

A Judge-Made Rule

106

(1)

Historical Development

106

(2)

The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio

108

(3)

Case Brief: Mapp v. Ohio (1961)

109

(2)

Procedures for Invoking the Exclusionary Rule

111

(2)

In Pretrial Motions and during the Trial

111

(1)

On Appeal

111

(1)

In Habeas Corpus Proceedings

112

(1)

``Standing'' and the Exclusion of Illegally Seized Evidence

112

(1)

Determining What Is Inadmissible

113

(11)

Illegally Seized Evidence

113

(1)

Fruit of the Poisonous Tree

113

(2)

Exceptions to the Exclusionary Rule

115

(1)

The Good Faith Exceptions

115

(4)

Case Brief: Arizona v. Evans (1995)

119

(2)

The Inevitable Discovery Exception

121

(1)

The Purged Taint Exception

122

(1)

The Independent Source Exception

123

(1)

Proceedings to which the Rule Does Not Apply

124

(2)

In Private Searches

124

(1)

In Grand Jury Investigations

124

(1)

In Sentencing

124

(1)

In Violations of Agency Rules Only

125

(1)

In Noncriminal Proceedings

125

(1)

In Parole Revocation Hearings

125

(1)

Arguments in Support of the Exclusionary Rule

126

(1)

Arguments against the Exclusionary Rule

126

(2)

Alternatives to the Exclusionary Rule

128

(1)

The Future of the Exclusionary Rule: It Is Here to Stay

129

(1)

Summary

130

(1)

Review Questions and Hypothetical Cases

130

(1)

Key Terms

131

(1)

Holdings of Key Cases

131

(2)

You Be the Judge

133

(2)

Recommended Readings

135

(1)

Notes

135

(1)

Part 3 Searches and Seizures of Persons

Stop and Frisk and Stationhouse Detention

136

(32)

Introduction

137

(1)

Stop and Frisk

138

(4)

Issue and Origin

138

(1)

The Leading Case in Stop and Frisk: Terry v. Ohio

138

(1)

The Guidelines

139

(1)

Case Brief: Terry v. Ohio (1968)

140

(1)

The Need for Reasonable Suspicion

141

(1)

Stop and Frisk: Two Separate Acts, Not One Continuous Act

142

(16)

The Stop

142

(8)

Case Brief: Hiibel v. Sixth Judicial District Court of Nevada (2004)

150

(3)

The Frisk

153

(5)

The Distinctions between Stop and Frisk and Arrest

158

(1)

Other Applications of Stop and Frisk

159

(1)

Application to Motor Vehicles

159

(1)

Application to Weapons in a Car

160

(1)

Application to Residences

160

(1)

Stationhouse Detention

160

(2)

For Fingerprinting

161

(1)

For Interrogation

161

(1)

Summary

162

(1)

Review Questions and Hypothetical Cases

162

(1)

Key Terms

163

(1)

Holdings of Key Cases

163

(2)

You Be the Judge

165

(2)

Recommended Readings

167

(1)

Notes

167

(1)

Arrests, Use of Force, and Responses to Terrorism

168

(53)

Introduction

170

(1)

The Broad Picture: Seizures of Persons

171

(3)

Seizure and the Fourth Amendment

171

(1)

Arrest: Just One Form of Seizure

171

(1)

The Top Ten Degrees of Intrusiveness in Searches and Seizures of Persons

172

(1)

The Appropriate Test for Determining Seizure

173

(1)

Arrest Defined

174

(1)

Forced Detention and Arrest

175

(1)

The Length of Detention and Arrest

175

(1)

The Elements of an Arrest

175

(3)

Seizure and Detention

176

(1)

The Intention to Arrest

177

(1)

Arrest Authority

177

(1)

Understanding by the Arrestee

178

(1)

Arrests with a Warrant

178

(6)

When a Warrant Is Needed

178

(2)

The Issuance of a Warrant

180

(1)

Case Brief: Payton v. New York (1980)

181

(2)

The Contents of a Warrant

183

(1)

The Service of a Warrant

183

(1)

The Time of the Arrest

184

(1)

The Possession and Expiration of a Warrant

184

(1)

Legal Authorization Other than an Arrest Warrant

184

(1)

Arrests without a Warrant

184

(3)

Felonies Committed in the Presence of Officers

185

(1)

Misdemeanors Committed in the Presence of Officers

185

(1)

Crimes Committed in Public Places

185

(1)

When Exigent (Emergency) Circumstances Are Present

186

(1)

When There Is Danger to the Arresting Officer

186

(1)

What the Police May Do after an Arrest

187

(3)

Search the Arrestee

187

(1)

Search the Area of Immediate Control

187

(1)

Search the Motor Vehicle Even If the Initial Contact and Arrest of the Driver Took Place Outside the Vehicle

188

(1)

Search the Passenger Compartment of a Motor Vehicle

189

(1)

Use Handcuffs Subject to Departmental Policy

189

(1)

Monitor the Movement of the Arrestee

189

(1)

Search the Arrestee at the Place of Detention

190

(1)

What the Police Cannot Do during an Arrest

190

(2)

Enter Third-Party Residences, Except in Exigent Circumstances

190

(1)

Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion

191

(1)

Conduct a Warrantless Protective Sweep Unless Justified

191

(1)

Invite the Media to ``Ride Along''

192

(1)

The Announcement Requirement

192

(3)

The General Rule: Knock and Announce Required

193

(1)

The Exceptions and Other Rules

194

(1)

Other Arrest Issues

195

(5)

Detaining a Suspect While Obtaining a Warrant

196

(1)

Arrests for Traffic Violations or Petty Offenses

196

(1)

Arrests for Offenses Not Punishable by Prison or Jail Time

196

(2)

Case Brief: Atwater v. City of Lago Vista (2001)

198

(1)

The Validity of a Citizen's Arrest

199

(1)

The Disposition of Prisoners after Arrest

200

(4)

Booking

200

(2)

The First Appearance before a Magistrate

202

(1)

Bail

203

(1)

The Use of Force during an Arrest

204

(3)

The Factors Governing Police Use of Force

204

(1)

Nondeadly and Deadly Force Distinguished

204

(1)

The Rule on the Use of Nondeadly Force

205

(1)

The Rule on the Use of Deadly Force

206

(1)

Responses to Terrorism

207

(7)

The USA Patriot Act of 2001

207

(1)

The USA Patriot Act of 2006

208

(1)

The Law Creating the Department of Homeland Security

209

(1)

The INS Special Registration Program for Foreigners

210

(1)

Legal Issues Arising from Responses to Terrorism

211

(2)

Prospects

213

(1)

Summary

214

(1)

Review Questions and Hypothetical Cases

214

(1)

Key Terms

215

(1)

Holdings of Key Cases

215

(3)

You Be the Judge

218

(1)

Recommended Readings

219

(1)

Notes

220

(1)

Part 4 Searches and Seizures of Property

Searches and Seizures of Things and Electronic Surveillance

221

(59)

Introduction

222

(1)

Searches and Seizures and the Right to Privacy

223

(2)

The Right to Privacy: A Constitutional Right?

223

(1)

The Meaning of ``Reasonable Expectation of Privacy''

224

(1)

Definitions and General Rule

225

(1)

Search Defined

225

(1)

Seizure Defined

225

(1)

The General Rule for Searches and Seizures

226

(1)

Things Subject to Search and Seizure

226

(1)

Search and Seizure with a Warrant

226

(11)

Requirements

227

(6)

The Procedure for Serving a Warrant

233

(1)

The Announcement Requirement

234

(1)

The Scope of Search and Seizure

235

(1)

The Time Allowed for a Search

236

(1)

The Procedure after the Search

236

(1)

Comparison of Search Warrants and Arrest Warrants

236

(1)

Search and Seizure without a Warrant

237

(16)

The Searches Incident to Lawful Arrest Exception

237

(2)

The Searches with Consent Exception

239

(1)

Case Brief: Chimel v. California (1969)

240

(2)

The Special Needs beyond Law Enforcement Exception

242

(6)

The Exigent (Emergency) Circumstances Exception

248

(2)

The Administrative Searches and Inspections Exception

250

(3)

Specific Search and Seizure Issues

253

(4)

Searches and Seizures of Students

253

(1)

Squeezing Luggage in a Bus

254

(1)

The Temporary Restraint of a Suspect

255

(1)

Searches and Seizures by Private Persons

255

(1)

Searches by Off-Duty Officers

256

(1)

The Use of Police Dogs for Detection of Drugs

256

(1)

Surgery to Remove a Bullet from a Suspect

256

(1)

Issues in Searches and Seizures and Technology

257

(13)

Evolving Concepts in Electronic Surveillance

257

(3)

Case Brief: Katz v. United States (1967)

260

(1)

Three Federal Laws Governing Electronic Surveillance

261

(5)

Searches and Seizures of Computers

266

(2)

Electronic Devices that Do Not Intercept Communication

268

(2)

Summary

270

(1)

Review Questions and Hypothetical Cases

270

(1)

Key Terms

271

(1)

Holdings of Key Cases

271

(5)

You Be the Judge

276

(2)

Recommended Readings

278

(1)

Notes

279

(1)

Motor Vehicle Stops, Searches, and Inventories

280

(45)

Introduction

281

(1)

Vehicle Stops

282

(16)

The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required

283

(1)

Roadblocks: An Exception to the ``Reasonable Suspicion'' Requirement

284

(3)

What an Officer May Do after a Vehicle Stop

287

(6)

Traffic Stops as Pretexts for Vehicle Searches

293

(1)

Vehicle Stops Based on Racial Profiles Alone

294

(2)

Consensual Searches and the Freedom to Leave

296

(1)

Arrest for a Minor (Nonjailable) Traffic Offense

296

(1)

The Arrests of Passengers in a Vehicle

297

(1)

Vehicle Searches

298

(15)

The Earliest Case on Vehicle Searches and Warrants: Carroll v. United States

298

(1)

Case Brief: Carroll v. United States (1925)

299

(1)

Warrantless Vehicle Searches

300

(1)

Automatic Searches during the Issuance of Traffic Citations

301

(1)

Searches of Passenger Compartments

302

(1)

Searches of the Passenger Compartment after a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested

303

(1)

Warrantless Searches of Trunks and Closed Packages Found in Trunks

303

(1)

Case Brief: United States v. Ross (1982)

304

(1)

Searches of Locked Trunks or Glove Compartments

305

(1)

Dog Sniffs after a Traffic Stop

306

(1)

Searches that Are Not Contemporaneous

306

(1)

Warrantless Searches When There Is Time to Obtain a Warrant

306

(1)

The Extent of Car Searches and the Objective Reasonableness Rule

307

(1)

Warrantless Searches of Containers in a Car

308

(1)

Seizures of Vehicles Found in Public Places

309

(1)

Searches of Motor Homes without a Warrant

310

(1)

The Use of Beepers to Detect Cars

310

(2)

Immigration and Border Searches of Vehicles

312

(1)

Recommended Readings

323

(1)

Notes

324

(1)

Searches and Seizures Not Fully Protected by the Fourth Amendment: Plain View, Open Fields, Abandonment, and Border Searches

325

(34)

Introduction

326

(1)

The Plain View Doctrine

327

(9)

Plain View Defined

327

(1)

Requirements of the Plain View Doctrine

328

(2)

Situations in which the Plain View Doctrine Applies

330

(1)

Plain View: One of Many Justifications for Admission of Evidence in Court

330

(1)

Inadvertence No Longer Required: Horton v. California

331

(1)

Case Brief: Horton v. California (1990)

332

(1)

Plain View and Open Spaces

333

(1)

Plain View and Motor Vehicles

334

(1)

Plain View and the Use of Mechanical Devices

334

(1)

Comparison between Plain View and Open View

335

(1)

Comparison between Plain View and Plain Touch

335

(1)

Comparison between Plain View and Plain Odor

336

(1)

The Open Fields Doctrine

336

(8)

The Open Fields Doctrine Defined

336

(1)

Areas Not Included in Open Fields

337

(1)

Curtilage

337

(3)

Open Fields Despite a Locked Gate and a ``No Trespassing'' Sign: Oliver v. United States

340

(1)

Open Fields and the Use of Sense-Enhancement Technology

341

(1)

Case Brief: Oliver v. United States (1984)

342

(1)

Open Fields and the Use of Electronic Beepers: The Knotts and Karo Cases

343

(1)

Comparison between Open Fields and Plain View

344

(1)

Abandonment

344

(4)

Abandonment Defined

344

(1)

Factors that Determine When Items Are Considered Abandoned

345

(1)

Abandonment of Motor Vehicles

346

(1)

Police Actions and Abandonment

347

(1)

Comparison between Abandonment and Plain View

347

(1)

Border Searches

348

(4)

Fourth Amendment Rules Applied Differently in Immigration and Border Searches

348

(1)

Roving Patrols Searching Vehicles Away from the Border

349

(1)

Stopping Vehicles at Fixed Checkpoints

350

(1)

Disassembling the Gas Tank of a Motor Vehicle

350

(1)

The Forced Temporary Detention of Aliens Believed to Be Illegal

351

(1)

Factory Surveys of Aliens

351

(1)

The Detention of Alimentary Canal Smugglers

352

(1)

Summary of Case Law for Border Stops and Searches

352

(1)

Summary

352

(1)

Review Questions and Hypothetical Cases

353

(1)

Key Terms

354

(1)

Holdings of Key Cases

354

(2)

You Be the Judge

356

(1)

Recommended Readings

357

(1)

Notes

358

(1)

Part 5 Identifications, Confessions, and Admissions

Lineups and Other Means of Pretrial Identification

359

(39)

Introduction

360

(1)

Lineups

361

(10)

The Right to Counsel during Lineups

361

(2)

Case Brief: Kirby v. Illinois (1972)

363

(3)

Case Brief: United States v. Wade (1967)

366

(2)

The Right to Due Process Applies

368

(1)

No Right against Unreasonable Searches and Seizures

369

(1)

No Right against Self-Incrimination

370

(1)

Showups

371

(3)

The Right to Counsel during Showups

371

(1)

The Right to Due Process Applies

372

(1)

No Right against Unreasonable Searches and Seizures

373

(1)

No Right against Self-Incrimination

374

(1)

Photographic Identifications

374

(2)

No Right to Counsel

374

(1)

The Right to Due Process Applies

374

(2)

No Right against Unreasonable Searches and Seizures

376

(1)

No Right against Self-Incrimination

376

(1)

Problems with Eyewitness Identification

376

(2)

``Hopelessly Unreliable?''

377

(1)

No Prescribed Guidelines

377

(1)

Eyewitness Identification Guidelines from the U.S. Department of Justice

378

(3)

For Lineups

378

(2)

For Showups

380

(1)

For Photographic Identifications

380

(1)

Other Means of Identifying Suspects

381

(10)

DNA Testing: Results Admissible into Evidence

381

(5)

Polygraph Examinations: Results Not Admissible

386

(2)

Breathalyzer™ Tests: Results Admissible

388

(1)

Handwriting Samples: Results Admissible

389

(1)

Hair Samples: Results Admissible

390

(1)

Brain Fingerprinting: Too Early to Tell

391

(1)

Summary

391

(1)

Review Questions and Hypothetical Cases

392

(1)

Key Terms

393

(1)

Holdings of Key Cases

393

(1)

You Be the Judge

394

(2)

Recommended Readings

396

(1)

Notes

396

(2)

Confessions and Admissions: Miranda v. Arizona

398

(52)

Introduction

399

(1)

Before Miranda: Only Voluntary Confessions Were Admissible

400

(3)

Voluntary Confessions

400

(1)

U.S. Supreme Court Cases before Miranda v. Arizona

400

(3)

After Miranda: The Three-Question Test for Admissibility

403

(1)

The Basics of Miranda v. Arizona

404

(14)

The Case

404

(2)

The Miranda Warnings

406

(2)

The Miranda Warnings: Required by the Constitution, Not Just by Judges

408

(1)

The Miranda Warnings: Must Be Given for All Offenses Except Routine Traffic Stops

409

(1)

Case Brief: Berkemer v. McCarty (1984)

410

(2)

Distinguishing the Miranda Warnings from the Right to Counsel

412

(2)

The Miranda Rights: May Only Be Waived Knowingly and Intelligently

414

(4)

Custodial Interrogation: When the Miranda Warnings Must Always Be Given

418

(6)

Custody

419

(4)

Interrogation

423

(1)

Other Situations and Decisions on the Miranda Warnings

424

(17)

Situations in which the Miranda Warnings Are Required

425

(4)

Case Brief: Missouri v. Seibert (2004)

429

(3)

Situations Not Requiring or Not Fully Applying the Miranda Warnings

432

(4)

Situations in which the Miranda Warnings Are Not Needed

436

(5)

The Harmless Error Rule and Miranda Cases on Appeal: Arizona v. Fulminante

441

(1)

Summary

442

(1)

Review Questions and Hypothetical Cases

443

(1)

Key Terms

444

(1)

Holdings of Key Cases

444

(3)

You Be the Judge

447

(2)

Recommended Readings

449

(1)

Notes

449

(1)

Part 6 Constitutional Rights and the Consequences of Police Misconduct

Constitutional Rights of the Accused during the Trial

450

(53)

Introduction

452

(1)

The Right to a Trial by Jury

452

(10)

Jury Size

453

(1)

Unanimous versus Nonunanimous Verdicts

453

(1)

Serious versus Petty Offenses

454

(1)

Waiver of a Jury Trial

455

(1)

The Selection of a Jury of Peers

455

(1)

The Disqualification of Jurors Based on Race

455

(2)

The Disqualification of Jurors Based on Gender

457

(1)

Case Brief: J. E. B. v. Alabama (1994)

458

(1)

The Constitutionality of ``Death-Qualified Juries''

459

(1)

Case Brief: Lockhart v. McCree (1986)

460

(1)

The Strengthening of the Role of Juries in Sentencing

461

(1)

The Right to Counsel

462

(10)

Why Counsel Is Needed

464

(1)

How Counsel Is Obtained

464

(2)

The Responsibility of the Defense Lawyer

466

(1)

The Right to Court-Appointed Counsel during the Trial

467

(1)

The Difficulty of Proving Ineffective Assistance of Counsel

468

(1)

Claims of Ineffective Counsel in Death Penalty Cases

469

(1)

The Right to Act as One's Own Counsel

470

(2)

The Right to Due Process

472

(2)

The Brady Rule on Disclosure of Evidence to the Accused

472

(1)

Cases after Brady

473

(1)

The Right against Self-Incrimination

474

(5)

The Scope of the Provision: Testimonial, Not Physical

474

(1)

Two Separate Privileges during Trials: The Accused and the Witness

475

(2)

The Grant of Immunity

477

(1)

Comparison between Transactional Immunity and Use and Derivative Use Immunity

478

(1)

How the Right Is Waived

478

(1)

The Right to Protection against Double Jeopardy

479

(6)

What Double Jeopardy Means

479

(1)

When Double Jeopardy Starts

480

(1)

When Double Jeopardy Is Waived

480

(2)

What Same Offense Means

482

(1)

What Lesser Included Offense Means

482

(1)

The Constitutionality of Prosecution for a Higher Offense after Conviction for a Lesser Included Offense

483

(1)

The Constitutionality of Prosecution for the Same Offense by Two States

484

(1)

The Right to Confront Witnesses

485

(2)

The Right to Cross-Examine Opposing Witnesses

485

(1)

The Right to Physical Presence during the Trial

486

(1)

The Right to Face Witnesses at Trial

486

(1)

The Right to Know the Identity of Prosecution Witnesses

487

(1)

The Right to Compulsory Process to Obtain Witnesses

487

(1)

The Right to a Speedy and Public Trial

488

(1)

A Speedy Trial

488

(1)

A Public Trial

489

(1)

The Right to a Fair and Impartial Trial

489

(2)

The Prohibition of Prejudicial Publicity

490

(1)

Controlling Prejudicial Publicity

490

(1)

The Right to Proof of Guilt beyond a Reasonable Doubt

491

(2)

What Must Be Proved

491

(1)

Reasonable Doubt

492

(1)

Summary

493

(1)

Review Questions and Hypothetical Cases

494

(1)

Key Terms

495

(1)

Holdings of Key Cases

495

(5)

You Be the Judge

500

(1)

Recommended Readings

501

(1)

Notes

502

(1)

Legal Liabilities and Other Consequences of Police Misconduct

503

Introduction

504

(2)

Lawsuits against the Police: An Occupational Hazard

506

(1)

An Overview of Police Legal Liabilities

507

(2)

Civil Liability under Federal Law-Section 1983 Cases

509

(10)

The Federal Law

509

(1)

The Elements of a Section 1983 Lawsuit

510

(2)

Case Brief: Town of Castle Rock v. Gonzales (2005)

512

(2)

Defenses in Section 1983 Cases

514

(2)

Case Brief: Groh v. Ramirez et al. (2004)

516

(3)

Civil Liability under State Tort Law

519

(10)

Types of State Tort Cases

519

(9)

Official Immunity Defense Most Often Used in State Tort Cases

528

(1)

Comparison between Federal (Section 1983) and State Tort Cases

529

(1)

Defendants in Civil Liability Cases: Legal Representation and Indemnification

529

(5)

The Police Officer as Defendant

529

(2)

The Supervisor as Defendant

531

(2)

The City or County as Defendant

533

(1)

Other Consequences of Police Misconduct

534

(5)

Criminal Liabilities under Federal and State Penal Codes

535

(1)

Exclusion of Illegally Obtained Evidence

536

(1)

Administrative Investigations and Sanctions

537

(1)

Revocation of Law Enforcement License

537

(2)

Summary

539

(1)

Review Questions and Hypothetical Cases

539

(1)

Key Terms

540

(1)

Holdings of Key Cases

540

(3)

You Be the Judge

543

(1)

Recommended Readings

544

(1)

Notes

545

Appendix A: Thirty Suggestions on How to Be an Effective Witness

(3)

Appendix B: The Constitution of the United States

(17)

Appendix C: Information on How to Search FindLaw

Glossary

(1)

Index

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Criminal Procedure Law and Practice

Summary

Table of Contents

Supplemental Materials