NCJ Number
18160
Journal
UNIVERSITY OF MISSOURI AT KANSAS CITY LAW REVIEW Volume: 41 Issue: 2 Dated: (WINTER 1972) Pages: 165-291
Date Published
1972
Length
127 pages
Annotation
A FUNCTIONAL OUTLINE OF CRIMINAL PROCEDURE, DEALING PRIMARILY WITH ARRESTS, SEARCHES AND SEIZURES, AND THE PRIVILEGE AGAINST SELF-INCRIMINATION, AND CONTAINING CASES AND OTHER MATERIALS CURRENT TO APRIL 1, 1973.
Abstract
THE FIRST OUTLINE DEALS WITH FREEDOM FROM UNREASONABLE DEPRIVATION OF LIBERTY. UNDER THIS TOPIC ARE DISCUSSIONS OF THE MEANING OF ARREST, DETENTION, AND SUMMONS; CONDITIONS OF VALIDITY; ARREST UNDER THE AUTHORITY OF A WARRANT; ARREST WITHOUT A WARRANT; THE MAKING OF AN ARREST; THE PROCEDURES FOLLOWING ARREST; AND THE PRIVILEGES AND LIABILITIES OF ARRESTER AND ARRESTEE. THE SECOND OUTLINE PRESENTS INFORMATION RELATING TO THE FREEDON FROM UNREASONABLE INTERFERENCE WITH PRIVACY. SEARCHES AND SEIZURES ARE DISCUSSED WITH RESPECT TO CONSTITUTIONAL PROVISIONS, SEARCHES WITH AND WITHOUT WARRANTS, WIRETAPPING, UNLAWFUL SEARCH AND SEIZURE, AND THE EXCLUSIONARY RULE. THE HISTORICAL BACKGROUND AND SCOPE OF THE PRIVILEGE AGAINST SELF-INCRIMINATION ARE REVIEWED, AND THE FORMS OF DISCLOSURE PROTECTED ARE DISCUSSED. THE METHODS OF OBTAINING CONFESSIONS HELD UNCONSTITUTIONAL, THE PROCEDURE FOR DETERMINING VOLUNTARINESS, AND COLLATERAL USE IF IMPROPERLY OBTAINED STATEMENT AND CONFESSIONS ARE EXAMINED AS WELL.