Constitutional Law for Criminal Justice

Cover
Half Title
Title
Copyright
Contents
Foreword to the Fifteenth Edition
Preface
Highlights of the Sixteenth Edition
Online Resource Materials
Acknowledgments
Case Citation Guide
Sample Case Citations
Table of Cases
Part I Textual Presentation of Constitutional Principles for Criminal Justice
	Chapter 1 Constitutional History and Content
		1.1 History of the United States Constitution
		1.2 —Early Steps Toward National Unity
		1.3 —Articles of Confederation
		1.4 —Drafting the United States Constitution
		1.5 —Ratification by the States
		1.6 Structure and Content of the Constitution
		1.7 —Separation of the Powers of the Federal Government
		1.8 —Division of Power Between the Federal Government and the States
		1.9 —Powers Granted to the Federal Government
		1.10 —Powers the States Are Forbidden to Exercise
		1.11 —Sovereign Powers Retained by the States
		1.12 The Bill of Rights
		1.13 —Applying the Bill of Rights to the States Through the Fourteenth Amendment
		1.14 The Fourteenth Amendment as a Limitation on State Power
		1.15 —Due Process of Law
		1.16 —Equal Protection of the Laws
		1.17 Adjudication of Constitutional Questions
		1.18 Federal Remedies for Constitutional Abuses
		1.19 Summary
	Chapter 2 Freedom of Speech
		2.1 Historical Background
		2.2 Overview of Constitutional Protection for Speech and Expressive Conduct
		2.3 Is Speech Involved?
		2.4 First Amendment Distinction Between a Speaker’s Message and the Conduct Associated With Communicating It
		2.5 Punishing Speech Because of the Message
		2.6 —Obscenity and Child Pornography
		2.7 —Fighting Words
		2.8 —Speech Integral to Criminal Conduct
		2.9 —Incitement to Immediate Illegal Action
		2.10 —Hate Speech
		2.11 —Crude and Vulgar Speech
		2.12 —Commercial Speech
		2.13 Restraints on Speech Based on Considerations Other Than the Message
		2.14 Free Speech Access to Government Property: Public Forums and Nonpublic Forums
		2.15 —Validity of Particular Restrictions
		2.16 —Free Speech Access to Private Property
		2.17 —Need for Precision in Regulating Speech
		2.18 Summary
	Chapter 3 Authority to Detain and Arrest
		3.1 Introduction
		3.2 Overview of the Fourth Amendment
		3.3 Crossing the Boundary of the Fourth Amendment
		3.4 —“Free Zone” for Investigative Work
		3.5 —“Seizure” Defined
		3.6 —Fourth Amendment Grounds for a Lawful Seizure
		3.7 Investigatory Stops
		3.8 —Reasonable Suspicion
		3.9 —Scope and Duration of Investigatory Stops
		3.10 Traffic and Vehicle Stops
		3.11 —Pretextual Traffic Stops
		3.12 Requirements for a Constitutional Arrest
		3.13 —Probable Cause
		3.14 —Requirements for a Valid Arrest Warrant
		3.15 —Arrests Inside a Private Residence
		3.16 Use of Force in Making an Arrest or Other Seizure
		3.17 State Arrest Laws
		3.18 —Territorial Limits on a Police Officer’s Arrest Authority
		3.19 Summary and Practical Suggestions
	Chapter 4 Search and Seizure
		4.1 Overview of the Law of Search and Seizure
		4.2 —Definition of a Search
		4.3 —Sources of Search Authority
		4.4 —Fourth Amendment Requirements for Seizing Property
		4.5 —The Fourth Amendment Search Warrant
		4.6 Searches Involving People and Personal Effects
		4.7 —The Terry Search Revisited
		4.8 —Search Following a Custodial Arrest
		4.9 Vehicle Searches
		4.10 —Search of Vehicles Pursuant to a Detention or Arrest
		4.11 —Search of Vehicles Based on Probable Cause (“Automobile Exception”)
		4.12 —Inventory Searches of Impounded Vehicles
		4.13 Search of Protected Premises
		4.14 —Premises Protected by the Fourth Amendment
		4.15 —Entry and Search of Premises Under a Warrant
		4.16 —Entry and Search of Premises Without a Warrant
		4.17 The Exclusionary Rule
		4.18 Summary and Practical Suggestions
	Chapter 5 Laws Governing Police Surveillance
		5.1 Introduction to the Laws Governing Police Surveillance
		5.2 Fourth Amendment Foundation of Police Surveillance Law
		5.3 Application of the Fourth Amendment to Nonassisted Surveillance
		5.4 Application of the Fourth Amendment to Technologically Assisted Surveillance: An Overview
		5.5 —Beeper, GPS, and Cell Phone Tracking
		5.6 —Video Surveillance
		5.7 —Detection Devices
		5.8 The Wiretap Act
		5.9 —Scope of the Wiretap Act
		5.10 —Procedural Requirements for Intercepting Protected Communications
		5.11 Communication Surveillance Not Regulated by the Wiretap Act
		5.12 —Listening With the Unaided Ear
		5.13 —Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom From Interception
		5.14 —Interception Conducted With the Consent of a Party
		5.15 —Email, Voice Mail, and Text Messages
		5.16 —Pen Registers and Trap-and-Trace Devices
		5.17 Foreign Intelligence Surveillance Act
		5.18 Summary and Practical Suggestions
	Chapter 6 Interrogations and Confessions
		6.1 Introduction
		6.2 The Free and Voluntary Rule
		6.3 The Fourth Amendment Exclusionary Rule
		6.4 Overview of the Rules Governing Custodial Interrogation
		6.5 The McNabb-Mallory Delay in Arraignment Rule
		6.6 Protection for the Fifth Amendment Privilege Against Self-Incrimination During Police Interrogations: The Miranda Rule
		6.7 —Custodial Interrogation Defined
		6.8 —Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waivers
		6.9 The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedings
		6.10 Use of Inadmissible Confession for Impeachment
		6.11 Restrictions on the Use of Derivative Evidence
		6.12 Restrictions on the Use of Confessions Given by Accomplices
		6.13 The Requirement of Corroboration of Valid Confessions
		6.14 Summary and Practical Suggestions
	Chapter 7 Compulsory Self-Incrimination
		7.1 Introduction
		7.2 Fifth Amendment Protection Against Testimonial Self-Incrimination
		7.3 —Prerequisites for Application of the Fifth Amendment
		7.4 —Rules for Invoking and Waiving Fifth Amendment Protection
		7.5 —Protection Against Adverse Consequences From Exercising the Privilege Against Self-Incrimination
		7.6 —Self-Reporting Laws and the Fifth Amendment
		7.7 Fourth Amendment Protection Against Bodily Self-Incrimination
		7.8 —Requirements for Appearance Evidence
		7.9 —Requirements for Bodily Evidence
		7.10 —Necessity of a Search Warrant to Explore for Bodily Evidence
		7.11 —Strip Searches and Manual Body Cavity Searches
		7.12 Summary and Practical Suggestions
	Chapter 8 Right to Counsel
		8.1 Overview of the Sixth Amendment Right to Counsel
		8.2 —The Indigent Person’s Right to Appointed Counsel
		8.3 —The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appeals
		8.4 —The Defendant’s Right to Self-Representation
		8.5 —Ineffective Assistance of Counsel
		8.6 Sixth Amendment Restrictions on the Conduct of the Police
		8.7 Pretrial Identification Procedures
		8.8 —Fourth Amendment Limitations on Admission of Pretrial Identification Testimony
		8.9 —Due Process Requirements for Pretrial Identification Procedures
		8.10 —Right to Counsel During Pretrial Identification Procedures
		8.11 Summary and Practical Suggestions
	Chapter 9 Trial and Punishment
		9.1 Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Case
		9.2 The Fifth Amendment Double Jeopardy Prohibition
		9.3 —Prohibition of Multiple Prosecutions for the Same Offense
		9.4 —Prohibition of Multiple Punishments for the Same Offense
		9.5 Sixth Amendment and Due Process Requirements for Fair Trials
		9.6 —Speedy Trial
		9.7 —Public Trial
		9.8 —Confrontation of Adverse Witnesses
		9.9 —Fair and Impartial Tribunal
		9.10 —Pretrial Publicity
		9.11 —Trial by Jury
		9.12 —Preservation and Disclosure of Evidence Favorable to the Defense
		9.13 Eighth Amendment Requirements for Punishment
		9.14 —Constitutionally Acceptable Punishments
		9.15 —The Death Penalty
		9.16 —Eighth Amendment Protection Inside Prison Walls
		9.17 Summary and Practical Suggestions
	Chapter 10 Rights and Liabilities in the Workplace
		10.1 Introduction
		10.2 First Amendment Protection for Work-Related Speech
		10.3 Fourth Amendment Protection Against Workplace Searches
		10.4 Fifth Amendment Protection Against Self-Incrimination
		10.5 Fourteenth Amendment Protection for a Police Officer’s Personal Liberty
		10.6 Procedural Due Process in Police Disciplinary Actions
		10.7 Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin
		10.8 Equal Protection in the Police Workplace
		10.9 Constitutional Accountability Under Federal Law
		10.10 Summary
Part II Judicial Decisions and Statutes Relating to Part I
Glossary
Appendix: The Constitution of the United States of America
Index of Cases
Index