Criminal Procedure for Law and Justice Professionals: 21st Ed.

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CURRENT EDITION 21st Edition (2024)
VOLUMES 1
PAGES 1220
AUTHOR Larry E. Holtz
ESTIMATED NEXT EDITION DATE July 26, 2024
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Criminal Procedure for Law and Justice Professionals: 21st Ed.

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$90.00

This timely resource is pertinent to anyone involved with criminal procedure, including criminal justice practitioners, law enforcement officials, college professors, and students.

Criminal Procedure expert Larry E. Holtz, Esq., presents a new and innovative approach to the study of modern constitutional criminal procedure. In this comprehensive volume, the classical and current United States Supreme Court and federal circuit court decisions are presented and explored in a distinctive Question – Answer – Rationale format, through which Mr. Holtz removes the guesswork in, and tedious search for, “today’s law.” He also has noted those specific areas of state court departure, wherein many state courts, through the process of what is sometimes called “New Federalism,” rely on their own constitutions to provide state citizens with added protection to their rights and liberties. This is an officer’s, attorney’s or law/criminal justice student’s or professor’s one-stop reference for the Laws of Arrest, Search and Seizure, Confession Law, and Eyewitness Identification.

SUMMARY OF CONTENTS

  • PREFACE
  • ABOUT THE AUTHOR
  • SUMMARY OF CONTENTS
  • DETAILED ANALYSIS OF CONTENTS
  • READING GUIDE

PART I: ARREST, SEARCH AND SEIZURE

  • CHAPTER 1. ARREST

    • §1.1 Introduction
    • §1.2 Probable cause requirement
    • §1.3 Arrest with warrant
    • §1.4 Arrest without warrant
    • §1.5 Entry of a dwelling to effect an arrest
    • §1.6 Use of force to effect arrest
    • §1.7 Substantive and procedural due process of law
      • (a) Substantive due process
      • (b) Procedural due process
  • CHAPTER 2. SEARCH WARRANTS

    • §2.1 Introduction: The written warrant requirement
    • §2.2 Judicial requirements
      • (a) The neutral and detached magistrate
      • (b) The Oath or affirmation
    • §2.3 The probable cause requirement
      • (a) Sources of information
      • (b) The totality-of-the-circumstances test
      • (c) Staleness
      • (d) Anticipatory search warrants
      • (e) Attacking the sufficiency or integrity of the affidavit
    • §2.4 The particularity requirement
      • (a) The places to be searched
      • (b) The things to be seized
    • §2.5 Warrant execution
      • (a) Time
      • (b) Entry
      • (c) Scope of the search
      • (d) Search warrant return
    • §2.6 Telephonic search warrants
  • CHAPTER 3. EXCEPTIONS TO THE WRITTEN WARRANT REQUIREMENT

    • §3.1 Introduction
    • §3.2 Search incident to a lawful arrest
      • (a) The person of the arrestee and the area within his immediate control
      • (b) Motor vehicle searches incident to arrest
    • §3.3 Exigent circumstances
      • (a) Easily lost or destroyed evidence
      • (b) Dangerous weapons or instrumentalities
      • (c) Emergency aid and community caretaking functions
    • §3.4 Impounded vehicles and inventory searches
    • §3.5 Motor vehicles: The “automobile exception”
    • §3.6 Consent
      • (a) Introduction
      • (b) Voluntariness
      • (c) Third parties: Common and apparent authority
      • (d) Scope of consent
  • CHAPTER 4. PRIVACY EXPECTATIONS: THE LIMITS OF CONSTITUTIONAL PROTECTION

    • §4.1 Privacy expectations
    • §4.2 Open fields
    • §4.3 Plain view
    • §4.4 Abandonment
  • CHAPTER 5. NON-GOVERNMENTAL SEARCHES

    • §5.1 Cases and materials
  • CHAPTER 6. REGULATORY AND ADMINISTRATIVE SEARCHES; BORDER SEARCHES

    • §6.1 Regulatory and administrative searches
    • §6.2 Border searches
  • CHAPTER 7. FIRE SCENES

    • §7.1 The warrant requirement and fire-scene entries
    • §7.2 Warrantless entries at the scene of a fire
  • CHAPTER 8. INVESTIGATIVE DETENTIONS; STOP AND FRISK

    • §8.1 Introduction
    • §8.2 Investigative detentions of persons
      • (a) The point at which a “seizure” occurs
      • (b) The “Terry stop”
      • (c) Transporting suspects
      • (d) The “Terry frisk”
    • §8.3 Investigative detentions of vehicles
      • (a) Introduction
      • (b) Roadblocks/highway checkpoints
      • (c) Motor vehicle stops and the “reasonable articulable suspicion” requirement
      • (d) Removing drivers or passengers from the motor vehicle
      • (e) The “Terry frisk” of the vehicle’s passenger compartment
    • §8.4 Investigative detentions of property
  • CHAPTER 9. THE INDEPENDENT SOURCE DOCTRINE AND THE INEVITABLE DISCOVERY RULE

    • §9.1 Cases and materials
  • CHAPTER 10. GOOD FAITH AND THE EXCLUSIONARY RULE

    • §10.1 Cases and materials

PART II: INTERVIEWS; CONFESSIONS & MIRANDA; EYEWITNESS IDENTIFICATION

  • CHAPTER 11. INTERVIEWS; CONFESSIONS; AND MIRANDA

    • §11.1 Introduction
    • §11.2 Interviews and confessions
      • (a) Preliminary issues
      • (b) What constitutes custody?
      • (c) What constitutes interrogation?
    • §11.3 Miranda
      • (a) Administration; when to advise
      • (b) Miranda and motor vehicle offenses
      • (c) Public safety exception
      • (d) Impeachment exception
    • §11.4 Events surrounding the interrogation process
      • (a) Invocation of rights
        • (1) The right to remain silent
        • (2) The right to counsel
      • (b) Waiver of rights
        • (1) Illegal detention
        • (2) Outside influences
  • CHAPTER 12. EYEWITNESS IDENTIFICATION

    • §12.1 Introduction
    • §12.2 Preliminary issues
    • §12.3 Showups and lineups
      • (a) Showups
      • (b) Lineups
    • §12.4 Photo arrays

PART III: ADDENDA

  • THE CONSTITUTION OF THE UNITED STATES
  • CURRENT JUSTICES OF THE SUPREME COURT OF THE UNITED STATES
  • GLOSSARY OF TERMS FREQUENTLY USED IN CASE LAW ANALYSIS
  • TABLE OF CASES
  • INDEX
 
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