Criminal procedure: the constitution and the police

356 Pages·2016·3.502 MB·English

by  Bloom, Robert M., Brodin, Mark S.

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EDITORIAL ADVISORS
Erwin Chemerinsky
Dean and Distinguished Professor of Law
Raymond Pryke Professor of First Amendment Law
University of California, Irvine School of Law
Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Peter and Kirsten Bedford Senior Fellow
The Hoover Institution
Senior Lecturer in Law
The University of Chicago
Ronald J. Gilson
Charles J. Meyers Professor of Law and Business
Stanford University
Marc and Eva Stern Professor of Law and Business
Columbia Law School
James E. Krier
Earl Warren DeLano Professor of Law
The University of Michigan Law School
Richard K. Neumann, Jr.
Professor of Law
Maurice A. Deane School of Law at Hofstra University
Robert H. Sitkoff
John L. Gray Professor of Law
Harvard Law School
David Alan Sklansky
Professor of Law
Stanford Law School
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Copyright © 2016 Robert M. Bloom and Mark S, Brodin.
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Library of Congress Cataloging-in-Publication Data
Bloom, Robert M., 1946- author.
Criminal procedure : the constitution and the police / Robert M. Bloom, Professor of Law, Boston College Law School, Mark S. Brodin,
Professor of Law and Lee Distinguished Scholar, Boston College Law School.—Eighth edition.
pages cm
eISBN 978-1-4548-7101-9
1. Searches and seizures—United States. 2. Police questioning—United States. 3. Right to counsel— United States. 4. Evidence,
Criminal—United States. 5. United States. Constitution. 4th Amendment. 6. United States. Constitution. 6th Amendment. I. Brodin, Mark
S., 1947- author. II. Title.
KF9630.B578 2015
345.73′05—dc23
2015035011
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To my wife, Tina, my children, Martha and David, my grandchildren, Liam and Matthew, and to the memory of my parents, Henry and Martha.
—R.M.B.
To the memory of Shirley and Hy, who taught me the meaning of justice.
—M.S.B.
As the late Robert F. Drinan, S. J. often quoted, “The first duty of government is to protect the powerless from the powerful.” Code of Hammurabi, 1772
B.C.
The authors wish to dedicate this edition to all those in the criminal courts throughout the land—prosecutors, defense counsel, and judges—who strive to
assure fair and just results consistent with the fundamental protections against governmental overreaching afforded by our Bill of Rights.
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Summary of Contents
Contents
Table of Figures
Preface
Acknowledgments

Chapter 1 Overview of Constitutional Criminal Procedure

PART I. SEARCH AND SEIZURE—THE FRAMEWORK OF THE FOURTH AMENDMENT
Chapter 2 Introduction to the Fourth Amendment
Chapter 3 When Does the Fourth Amendment Apply?
Chapter 4 What Does the Fourth Amendment Require?—The Doctrine of Justification
Chapter 5 Search and Arrest Warrants
Chapter 6 Warrantless Searches and Seizures
Chapter 7 The Exclusionary Rule: Rationale, Operation, and Limitations

PART II. INTERROGATION AND CONFESSIONS
Chapter 8 The Voluntariness Standard
Chapter 9 The Miranda Approach
Chapter 10 The Sixth Amendment “Right to Counsel” Approach

PART III. OTHER INVESTIGATIVE PROCEDURES
Chapter 11 Other Investigative Procedures—Eyewitness Identification, Bodily Intrusions, Examination
of Physical Attributes, Entrapment, and “High-Tech” and Computer Searches
Chapter 12 September 11, 2001, and Its Aftermath

Checklist and Review Problems

Table of Cases
Index
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Contents
Table of Figures
Preface
Acknowledgments
Chapter 1 Overview of Constitutional Criminal Procedure

PART I. SEARCH AND SEIZURE—THE FRAMEWORK OF THE FOURTH AMENDMENT
Chapter 2 Introduction to the Fourth Amendment
Chapter 3 When Does the Fourth Amendment Apply?
§3.1 Governmental Action—Public Versus Private Search
§3.2 Reasonable Expectation of Privacy
Chapter 4 What Does the Fourth Amendment Require?—The Doctrine of Justification
§4.1 Probable Cause—The Standard for Search and Arrest
§4.2 Reasonable Suspicion—The Standard for Stop and Frisk
§4.3 What Constitutes a Stop?
§4.4 The Expansion of Terry: Demand for Identification, Vehicle Stops, Detention of Effects,
Protective Sweeps, and Plain Feel
§4.5 Administrative Searches
Chapter 5 Search and Arrest Warrants
§5.1 Note on the Warrant Requirement
§5.2 The Components of a Valid Search Warrant
§5.2.1 Neutral and Detached Magistrate
§5.2.2 The Probable Cause Showing
§5.2.3 The Particularity Requirement and the Plain View Doctrine
§5.3 Execution of a Search Warrant
§5.4 Administrative Search Warrants
§5.5 Anticipatory Search Warrants
§5.6 The Arrest Warrant Requirement
§5.7 The Components of a Valid Arrest Warrant
Chapter 6 Warrantless Searches and Seizures
§6.1 Introduction
§6.2 Exceptions That Require Probable Cause: The Emergency Exception (Exigent
Circumstances)
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