Criminal Procedure : The Constitution and the Police

by ;
Edition: 5th
Format: Paperback
Pub. Date: 2007-02-28
Publisher(s): Aspen Pub
List Price: $43.95

Rent Textbook

Select for Price
There was a problem. Please try again later.

New Textbook

We're Sorry
Sold Out

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Updated to reflect important current events, Examples & Explanations: Criminal Procedure: The Constitution And The Police, Fifth Edition, retains its proven format of presenting criminal procedure as a sequence of procedures mirroring real-life events in law enforcement. Well-written and user friendly, this concise paperback is an asset to any criminal procedure course. Carefully crafted to aid students' understanding, this study aid gives students a sense of the theoretical flow and logic of law enforcement by following police procedural order graphically demonstrates legal standards and concepts through the use of Charts and illustrations. starts with easy, confidence-building examples and gradually moves on to more challenging examples that test students' knowledge and analytical skills utilizes the proven Examples and Explanations format to explain concepts and allow students to develop analytical and problem-solving skills Special features of the Fifth Edition include: terrorism in the United States And The Fourth Amendment ramifications Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/bloombrodin5

Author Biography

Robert M. Bloom Professor of Law, Boston College Law School Mark S. Brodin Professor of Law, Boston College Law School

Table of Contents

Table of Figuresp. xv
Prefacep. xvii
Acknowledgmentsp. xix
Overview of Constitutional Criminal Procedurep. 1
Search and Seizure-The Framework of the Fourth Amendmentp. 9
Introduction to the Fourth Amendmentp. 11
When Does the Fourth Amendment Apply?p. 15
Governmental Action-Public Versus Private Searchp. 15
Reasonable Expectation of Privacyp. 21
What Does the Fourth Amendment Require?-The Doctrine of Justificationp. 41
Probable Cause-The Standard for Search and Arrestp. 42
Reasonable Suspicion-The Standard for Stop and Friskp. 63
What Constitutes a Stop?p. 67
The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects, Protective Sweeps, and Plain Feelp. 71
Administrative Searchesp. 94
Search and Arrest Warrantsp. 111
Note on the Warrant Requirementp. 111
The Components of a Valid Search Warrantp. 112
Neutral and Detached Magistratep. 112
The Probable Cause Showingp. 113
The Particularity Requirementp. 115
Execution of a Search Warrantp. 126
Administrative Search Warrantsp. 127
Anticipatory Search Warrantsp. 127
The Arrest Warrant Requirementp. 128
The Components of a Valid Arrest Warrantp. 129
Warrantless Searches and Seizuresp. 133
Introductionp. 133
Exceptions That Require Probable Cause: The Emergency Exception (Exigent Circumstances)p. 134
Exceptions That Require Probable Cause: Search Incident to Arrestp. 143
Exceptions That Require Probable Cause: Automobile Search and the Container Doctrinep. 153
Exceptions That Require Reasonable Suspicion: Stop and Frisk and Investigative Detentionsp. 158
Administrative and Inventory Searchesp. 158
Warrantless Intrusion Requiring No Justification: Consentp. 160
The Plain View Doctrinep. 171
The Problem of Pretextp. 177
The Exclusionary Rule: Rationale, Operation, and Limitationsp. 181
The Rationale of the Exclusionary Rulep. 181
The Derivative Evidence ("Fruit-of-the-Poisonous-Tree") Doctrinep. 185
Limitations on the Exclusionary Rulep. 200
Standingp. 200
Limitation to Criminal Trial Versus Other Proceedingsp. 211
The Good Faith Exceptionp. 215
The Impeachment Exceptionp. 226
Harmless Errorp. 227
Interrogation and Confessionsp. 229
The Voluntariness Standardp. 231
The Miranda Approachp. 243
The Miranda Decisionp. 243
The Components of Mirandap. 246
Custodyp. 246
Interrogationp. 254
The Substance and Adequacy of the Warningsp. 265
Waiver of Miranda Rightsp. 270
Waiver After Invocation of the Right to Silence or to Counselp. 281
Limitations on the Scope of the Miranda Exclusionary Rulep. 293
Use of the Statement for Impeachmentp. 295
The Public Safety Exceptionp. 296
Suppression of the Fruits of a Statement Obtained in Violation of Mirandap. 302
Summary-What's Left of Miranda?p. 305
The Sixth Amendment "Right to Counsel" Approachp. 307
The Massiah Doctrinep. 307
The "Deliberately Elicit" Standardp. 308
At What Point Does the Massiah Doctrine Apply?-The Initiation of Judicial Proceedingsp. 310
Waiver and Exceptions to the Massiah Doctrinep. 311
Overview of Interrogation and Confessionsp. 316
Other Investigative Proceduresp. 317
Other Investigative Procedures-Eyewitness Identification, Bodily Intrusions, Examination of Physical Attributes, Entrapment, "High-Tech" and Computer Searchesp. 319
Eyewitness Identificationp. 319
Bodily Intrusions and Examination of Suspect's Physical Attributesp. 325
Entrapmentp. 331
The Common Law Defensep. 331
Due Processp. 333
"High-Tech" Searchesp. 338
Electronic Surveillance and Wiretappingp. 338
Searches of Computersp. 339
September 11, 2001, and Its Aftermathp. 343
Table of Casesp. 349
Indexp. 359
Table of Contents provided by Ingram. All Rights Reserved.

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.