(Table of Content from 2021 edition. For informational purposes only)
1. LET’S START WITH THE BASICS
1.1 Fourth Amendment
1.2 Fifth Amendment
1.3 The Right ‘To be Left Alone’
1.4 Decision Sequencing
1.5 C.R.E.W.
1.6 Fourth Amendment Reasonableness
1.7 Private Searches
1.8 “Hunches” Defined
1.9 Reasonable Suspicion Defined
1.10 Probable Cause Defined
1.11 Collective Knowledge Doctrine
1.12 What is a “Search” Under the Fourth Amendment?
1.13 What is a “Seizure” Under New York Law?
2. CONSENSUAL ENCOUNTERS
2.1 De Bour Factors
2.2 Knock and Talks
2.3 Investigative Activities During Consensual Encounter
2.4 Asking for Identification
2.5 Removing Hands from Pockets
2.6 Transporting to Police Station
2.7 Consent to Search
2.8 Third-Party Consent
2.9 Mistaken Authority to Consent
3. INVESTIGATIVE DETENTIONS
3.1 Reasonable Suspicion Defined
3.2 Detaining a Suspect
3.3 How Long Can Detentions Last?
3.4 Investigative Techniques During a Stop
3.5 Identifications - in the Field
3.6 Unprovoked Flight Upon Seeing an Officer
3.7 Detentions Based on an Anonymous Tip
3.8 Handcuffing and Use of Force
3.9 Detaining Victims or Witnesses
3.10 Patdown for Weapons
3.11 Patdown Based on Anonymous Tips
3.12 Plain Touch Doctrine
3.13 Involuntary Transportation Back to Crime Scene
3.14 Detaining People Who Publicly Record Police Officers
4. ARRESTS
4.1 Probable Cause Defined
4.2 Lawful Arrest
4.3 Entry into Home with Arrest Warrant
4.4 Warrantless Entry to Make Arrest
4.5 Private Searches
4.6 Collective Knowledge Doctrine
4.7 Meaning of “Committed in the Officer’s Presence?”
4.8 Line-Ups
4.9 Protective Sweeps
4.10 When to “Unarrest” a Suspect
4.11 “Contempt of Cop” Arrests
4.12 Arrests at Public Protests
4.13 Search Incident to Arrest
4.14 Search Prior to Formal Arrest
4.15 Search Incident to a “Temporary” Arrest
4.16 Attempt to Swallow Drugs
4.17 DUI Breath Tests
4.18 DUI Blood Tests
4.19 Searching Vehicle Incident to Arrest
5. VEHICLES
5.1 General Rule
5.2 Scope of Stop Similar to an Investigative Detention
5.3 Community Caretaking Stops
5.4 Reasonable Suspicion Stops
5.5 Stops to Verify Temporary Registration
5.6 DUI Checkpoints
5.7 Information Gathering Checkpoints
5.8 Legal Considerations for Any Checkpoint
5.9 Ordering Passengers to Stay in, or Exit Vehicle
5.10 Detaining a Recent Vehicle Occupant
5.11 Consent to Search a Vehicle
5.12 Frisking Vehicle and Occupants for Weapons
5.13 Frisking People Who Ride in Police Vehicle
5.14 K9 Sniff Around Vehicle
5.15 Searching Vehicle Incident to Arrest
5.16 Searching Vehicle with Probable Cause
5.17 Dangerous Items Left in Vehicle
5.18 Inventories
5.19 Identifying Passengers
5.20 Unrelated Questioning
5.21 Constructive Possession
6. HOMES
6.1 Warrant Requirement
6.2 Hotel Rooms, Tents, RVs, and so Forth
6.3 Knock and Talks
6.4 Open Fields
6.5 Curtilage
6.6 Plain View Seizure
6.7 Trash Searches
6.8 Consent to Search by Co-Occupants
6.9 Parental Consent to Search Child’s Room
6.10 Mistaken Authority to Consent
6.11 Protective Sweeps
6.12 Hot Pursuit and Fresh Pursuit
6.13 Warrantless Arrest at Doorway
6.14 Warrantless Entry to Make Arrest
6.15 Warrantless Entry for an Emergency
6.16 Warrantless Entry for Officer Safety
6.17 Warrantless Entry to Investigate Child Abuse
6.18 Warrantless Entry to Protect Property
6.19 Warrantless Entry to Investigate Homicide Crime
6.20 Warrantless Entry to Prevent Destruction of Evidence
6.21 Warrantless Entry Based on “Ruse” or Lie
6.22 Convincing Suspect to Exit Based on “Ruse” or Lie
6.23 Detaining a Home in Anticipation of a Warrant
6.24 Surround and Call-Out
7. BUSINESSES & SCHOOLS
7.1 Warrantless Arrest Inside Business
7.2 Customer Business Records
7.3 Heavily Regulated Businesses
7.4 Fire, Health, and Safety Inspections
7.5 Government Workplace Searches
7.6 School Searches
7.7 Student Drug Testing
7.8 SROs, Security Guards, and Administrators
7.9 Use of Force Against Students
8. PERSONAL PROPERTY
8.1 Searching Containers
8.2 Single Purpose Container Doctrine
8.3 Searching Abandoned or Lost Property
8.4 Searching Mail or Packages
9. TECHNOLOGY SEARCHES
9.1 Sensory Enhancements
9.2 Flashlights
9.3 Binoculars
9.4 Night Vision Goggles
9.5 Thermal Imaging
9.6 Cell Phones, Laptops, and Tablets
9.7 Cell Phone Location Records
9.8 Aerial Surveillance
9.9 GPS Devices
9.10 Obtaining Passwords
10. MISCELLANEOUS SEARCHES & SEIZURES
10.1 Cause-of-Injury Searches
10.2 Medical Procedures
10.3 Discarded DNA
10.4 Fingernail Scrapes
10.5 Arson Investigations
10.6 Airport & Other Administrative Checkpoints
10.7 Border Searches
10.8 Probationer & Parolee Searches
11. SEARCH WARRANTS
11.1 Overview
11.2 Why Get a Warrant, Even if You Don’t Need to?
11.3 Particularity Requirement
11.4 Anticipatory Search Warrant
11.5 Confidential Informants
11.6 Sealing Affidavits
11.7 Knock and Announce
11.8 Detaining Occupants Inside and in Immediate Vicinity
11.9 Frisking Occupants
11.10 Handcuffing Occupants
11.11 Serving Arrest Warrant at Residence
11.12 Wrong Address Liability
11.13 Receipt, Return, and Inventory
12. USE OF FORCE
12.1 Non-Deadly Force
12.2 Use of Force to Prevent Escape
12.3 Deadly Force During Vehicle Pursuit
12.4 Improper Handcuffing
12.5 Pointing Gun at Suspect
12.6 Using Patrol (i.e., Bite) Dogs
12.7 Hog/Hobble Tie
13. INTERVIEW AND INTERROGATION
13.1 When Miranda is Required
13.2 Miranda Elements
13.3 Coercive Influences and De Facto Arrests
13.4 Miranda Inside Jail and Prison
13.5 Miranda for Juveniles
13.6 Witnesses and Victims
13.7 Invocation Prior to Interrogation
13.8 Ambiguous Invocations
13.9 Suspect Invoked, Now What?
13.10 Suspect Invoked, Now Wants to Talk
13.11 Intentional Versus Accidental Miranda Violations
13.12 When to Provide Miranda Again
13.13 Public Safety Exception
13.14 Routine Booking Questions
13.15 Evidence Discovered after Miranda Violation
14. LAW ENFORCEMENT LIABILITY
14.1 Exclusionary Rule
14.2 Exceptions to the Exclusionary Rule
14.3 Fruit of the Poisonous Tree
14.4 Standing to Object
14.5 Good Faith Exception
14.6 Attenuation
14.7 Inevitable or Independent Discovery
14.8 Duty to Protect
14.9 Duty to Intervene
14.10 Supervisor Liability
14.11 Unequal Enforcement of the Law
14.12 Behavior that “Shocks the Conscious”
14.13 Deliberate Indifference
14.14 Sharing Crime Scene Photos on Social Media
14.15 Section 1983 Civil Rights Violations
14.16 Section 242 Criminal Charges
14.17 Bringing Non-Essential Personnel Into the Home
14.18 Qualified Immunity
15. LEGAL CHECKLISTS
15.1 Consensual Encounters
15.2 Investigative Detentions
15.3 Arrests
15.4 Vehicles
15.5 Homes
15.6 Personal Property
15.7 Interview & Interrogation
INDEX
