Cases and Problems in Criminal Procedure: The Police
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This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer. At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases. This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically. This casebook is supplemented annually, and a Teacher’s Manual is available to professors.
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Table of Contents
PART I SEARCHES & SEIZURES
Chapter 1 PROBABLE CAUSE
Chapter 2 THE EXCLUSIONARY RULE
Chapter 3 WHAT IS A "SEARCH"?
Chapter 4 SEARCH INCIDENT TO VALID ARREST
Chapter 5 STOP & FRISK
Chapter 6 SEARCH OF THE HOME
Chapter 7 SEARCHES AND SEIZURES OF CARS, CONTAINERS, & OBJECTS
Chapter 8 CONSENT SEARCHES Chapter 9 REGULATORY SEARCHES
PART II INTERROGATION
Chapter 10 MIRANDA
Chapter 11 MIRANDA-THE WARNINGS
Chapter 12 MIRANDA-THE WAIVER
Chapter 13 "DUE PROCESS" LIMITS ON INTERROGATION
PART III LINE-UPS
Chapter 14 LINE-UPS
PART IV: STANDING & FRUITS OF THE POISONOUS TREE
Chapter 15 STANDING
Chapter 16 FRUIT OF THE POISONOUS TREE
TABLE OF CASES