Legal Guide for Police: Constitutional Issues / Edition 10 available in Paperback
Legal Guide for Police: Constitutional Issues / Edition 10
- ISBN-10:
- 0323322972
- ISBN-13:
- 2900323322972
- Pub. Date:
- 02/24/2015
- Publisher:
- Taylor & Francis
Legal Guide for Police: Constitutional Issues / Edition 10
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Overview
Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Product Details
| ISBN-13: | 2900323322972 |
|---|---|
| Publisher: | Taylor & Francis |
| Publication date: | 02/24/2015 |
| Edition description: | Older Edition |
| Pages: | 290 |
| Product dimensions: | 7.30(w) x 9.10(h) x 0.70(d) |
About the Author
Craig Hemmens is a Professor in the Department of Criminal Justice and Criminology at Washington State University. He has previously served as Chair of the Department of Criminology and Criminal Justice at Washington State University, at the Department of Criminology and Criminal Justice at Missouri State University, and at the Department of Criminal Justice at Boise State University. He is a past President of the Academy of Criminal Justice Sciences. Professor Hemmens has published more than 20 books and 200 articles on a variety of criminal justice-related topics. He holds a J.D. from North Carolina Central University School of Law and a Ph.D. in Criminal Justice from Sam Houston State University. In 2016 he was awarded the Academy of Criminal Justice Sciences (ACJS) prestigious Founder’s Award for outstanding contributions to criminal justice education and ACJS.
Table of Contents
Preface ix
Chapter 1 Results of Failure to Comply with Constitutional Mandates 1
1.l Civil Liabilities 2
1.2 Civil Rights Actions 2
1.3 Liability of Supervisors, Administrators, and Agencies 7
1.4 Admissibility of Evidence 12
1.5 Summary 14
Chapter 2 Police Power and Limitations 17
2.1 Police Power, Authority, and Responsibility 17
2.2 Limits on Police Authority 18
2.3 Bill of Rights 19
2.4 Due Process of Law 20
2.5 Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause 21
2.6 Protection of Rights via State Constitutions and Laws 21
2.7 Summary 22
Chapter 3 Police Authority to Detain 25
3.1 General Considerations 25
3.2 Consensual Encounters 26
3.3 Terry v. Ohio Stop-and-Frisk Rationale 27
3.4 Application to Off-Street Situations 33
3.5 Application to Detention of Motorists 33
3.6 Detention of Luggage 36
3.7 Duration of the Detention 37
3.8 Detention to Check Driver's License and Registration 39
3.9 Detention at Police Roadblocks 40
3.10 Summary 42
Chapter 4 Law of Arrest 45
4.1 General Considerations 45
4.2 Statutory Authority to Arrest 47
4.3 Definition and Elements of Arrest 50
4.4 Arrest under the Authority of an Arrest Warrant 54
4.5 Arrest without a Warrant 63
4.6 Post-Arrest Probable Cause Determination 75
4.7 Use of Force in Making an Arrest 77
4.8 The Citation and Summons in Law Enforcement 81
4.9 Arrest after Fresh Pursuit 83
4.10 Summary 84
Chapter 5 Search and Seizure with a Warrant 87
5.1 General Considerations 87
5.2 Constitutional Provisions 88
5.3 The Exclusionary Rule 89
5.4 Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio 89
5.5 Application and Modification of the Exclusionary Rule 90
5.6 Seizure with a Valid Search Warrant-General 95
5.7 Requirements of a Valid Search Warrant 95
5.8 Execution of the Search Warrant 103
5.9 Search of a Person on the Premises Where Such Person Is Not Described in the Warrant 110
5.10 Return of the Warrant 111
5.11 Summary 112
Chapter 6 Search and Seizure without a Warrant 113
6.1 General Considerations 114
6.2 Search Incident to a Lawful Arrest 114
6.3 Search with a Valid Waiver (Consent Searches) 125
6.4 Search of Movable Vehicles and Objects 133
6.5 Search after Lawful Impoundment (Inventory Searches) 137
6.6 Exigent Circumstances Exception to the Warrant Requirement 140
6.7 Plain View Searches 142
6.8 Search of Premises Not Protected by the Fourth Amendment (Open Fields) 145
6.9 Search by a Private Individual 147
6.10 Standing to Challenge the Search 149
6.11 Stop and Frisk 151
6.12 Seizure of Verbal Evidence via Recorders or Microphones: Electronic Searches 158
6.13 Airport Searches 161
6.14 Search of Pervasively Regulated Businesses 161
6.15 Summary 162
Chapter 7 Questioning Suspects 165
7.1 General Considerations 165
7.2 The Free and Voluntary Rule 167
7.3 Warning and Waiver Requirements (Miranda Rule) 170
7.4 Exclusion Related to the Fourth Amendment 184
7.5 Right to Counsel 187
7.6 The Delay in Arraignment Rule 193
7.7 Corroboration 195
7.8 Exceptions to Right to Counsel and Self-incrimination 196
7.9 Admissibility of a Second Confession After an Inadmissible First Confession 199
7.10 Summary 200
Chapter 8 Pretrial Identification Procedures 203
8.1 General Considerations 203
8.2 Fingerprinting and Photographing Suspects 204
8.3 Lineup-Self-Incrimination Challenge 206
8.4 Lineup-Right to Counsel Challenge 206
8.5 Lineup-Due Process Challenge 208
8.6 Pretrial Photographic Identification 210
8.7 Dental Examination 211
8.8 Voice Exemplars 212
8.9 Footprint Comparisons and Other Body Examinations 212
8.10 Deoxyribonucleic Acid (DNA) Tests 213
8.11 Summary 214
Appendix: Bill of Rights (First Ten Amendments) and the Fourteenth Amendment 217
Table of Cases 221
Index 233