In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.
Facts The instigator of this bizarre drama was Mel Coley, a drug dealer who resided in Washington, D.C., but who was also connected with dealers in Kansas City. Coley had a history of dealing with a supplier named Bill Varnes, ...
Criminal Procedure: An Analysis of Constitutional Cases and Concepts
Criminal Procedure and the Constitution: Leading Criminal Procedure Cases and Introductory Text
Powell did not explicitly hold that the federal constitution required counsel in each and every case, only that in the case before it (indigent defendants facing the risk of capital punishment) the denial of counsel was so egregious as ...
Wade, 388 U.S. 218, and Gilbert v. California, 388 U.S. 263, this Court held “that a post-indictment pretrial lineup at which the accused is exhibited to identifying witnesses is a critical stage of the criminal prosecution; ...
Reasonable suspicion and stop and frisk -- Probable cause -- Arrest -- Searches and seizures with warrants -- Searches and seizures without warrants -- Searches and seizures without warrants II : special needs -- Automobile searches and ...
Professors and students will benefit from: A mixture of classic and new Supreme Court cases on criminal procedure Call-out boxes that outline statutory requirements Call-out boxes that focus on more demanding state law rules Problem cases ...
New to the 2021 Edition: Two new authors joined the editorial team in 2019: Jenia Iontcheva Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law.
This book is written in a student-friendly style designed to facilitate learning and comprehension. In addition, the book is up-to-date and contains the latest decisions from the United States Supreme...
This book is a complete, unchanged reprint of Chapters 1-6 of Saltzburg & Capra, American Criminal Procedure (8th ed. 2007). The new edition of the hardcover text contains detailed commentary,...