Criminal Procedure (Examples and Explanations Series)
About the Author:\ Robert M. Bloom Professor of Law, Boston College Law School\ \ About the Author:\ Mark S. Brodin Professor of Law, Boston College Law School
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Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition , using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors
Table of Figures xvPreface xviiAcknowledgments xixOverview of Constitutional Criminal Procedure 1Search and Seizure-The Framework of the Fourth Amendment 9Introduction to the Fourth Amendment 11When Does the Fourth Amendment Apply? 15Governmental Action-Public Versus Private Search 15Reasonable Expectation of Privacy 21What Does the Fourth Amendment Require?-The Doctrine of Justification 41Probable Cause-The Standard for Search and Arrest 42Reasonable Suspicion-The Standard for Stop and Frisk 63What Constitutes a Stop? 67The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feel 71Administrative Searches 94Search and Arrest Warrants 111Note on the Warrant Requirement 111The Components of a Valid Search Warrant 112Neutral and Detached Magistrate 112The Probable Cause Showing 113The Particularity Requirement 115Execution of a Search Warrant 126Administrative Search Warrants 127Anticipatory Search Warrants 127The Arrest Warrant Requirement 128The Components of a Valid Arrest Warrant 129Warrantless Searches and Seizures 133Introduction 133Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances) 134Exceptions That Require Probable Cause: Search Incident to Arrest 143Exceptions That Require Probable Cause: Automobile Search and the Container Doctrine 153Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentions 158Administrative and Inventory Searches 158Warrantless Intrusion Requiring No Justification: Consent 160The Plain View Doctrine 171The Problem of Pretext 177The Exclusionary Rule: Rationale, Operation, and Limitations 181The Rationale of the Exclusionary Rule 181The Derivative Evidence ("Fruit-of-the-Poisonous-Tree") Doctrine 185Limitations on the Exclusionary Rule 200Standing 200Limitation to Criminal Trial Versus Other Proceedings 211The Good Faith Exception 215The Impeachment Exception 226Harmless Error 227Interrogation and Confessions 229The Voluntariness Standard 231The Miranda Approach 243The Miranda Decision 243The Components of Miranda 246Custody 246Interrogation 254The Substance and Adequacy of the Warnings 265Waiver of Miranda Rights 270Waiver After Invocation of the Right to Silence or to Counsel 281Limitations on the Scope of the Miranda Exclusionary Rule 293Use of the Statement for Impeachment 295The Public Safety Exception 296Suppression of the Fruits of a Statement Obtained in Violation of Miranda 302Summary-What's Left of Miranda? 305The Sixth Amendment "Right to Counsel" Approach 307The Massiah Doctrine 307The "Deliberately Elicit" Standard 308At What Point Does the Massiah Doctrine Apply?-The Initiation of Judicial Proceedings 310Waiver and Exceptions to the Massiah Doctrine 311Overview of Interrogation and Confessions 316Other Investigative Procedures 317Other Investigative Procedures-Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, "High-Tech" and Computer Searches 319Eyewitness Identification 319Bodily Intrusions and Examination of Suspect's Physical Attributes 325Entrapment 331The Common Law Defense 331Due Process 333"High-Tech" Searches 338Electronic Surveillance and Wiretapping 338Searches of Computers 339September 11, 2001, and Its Aftermath 343Table of Cases 349Index 359
