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

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979-8-89029-297-7

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CURRENT EDITION	21st Edition (2024)
VOLUMES	1
PAGES	1220
AUTHOR	Larry E. Holtz
ESTIMATED NEXT EDITION DATE	July 31, 2025
LAST RELEASE DATE	July 30, 2024
SAMPLE BOOK	Download Sample

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