NCJ Number
130070
Date Published
1987
Length
483 pages
Annotation
This text on criminal procedure covers the exclusionary rule and probable cause; arrests, searches, and seizures; identification and interrogation; constitutional rights and rules during trial; and concerns related to law enforcement.
Abstract
The introduction explains the court system and sources of rights and provides an overview of the criminal justice process. A discussion of the exclusionary rule considers the procedure for invoking the exclusionary rule, exceptions to the exclusionary rule, proceedings to which the rule does not apply, arguments for and against the exclusionary rule, alternatives to the exclusionary rule, and the future of the exclusionary rule. The chapter of probable cause addresses what constitutes probable cause, when probable cause is required, how probable cause is established, and probable cause compared with other levels of proof. The section on arrests, searches, and seizures explains procedures for stop and frisk, immigration and border seizures, and stationhouse detention. Other chapters in this section discuss arrest procedures; searches and seizures; vehicle stops and searches; and plain view, open fields, abandonment, and electronic surveillance. Chapters on suspect identification and interrogation address line-ups and other pretrial identification procedures as well as confessions and admissions (the Miranda case). Another section has chapters on constitutional rights and defenses during trial, witnesses, the hearsay rule, and privileged communications. A discussion of concerns related to law enforcement considers sentencing, appeal, habeas corpus, and legal liabilities of law enforcement personnel. Guide to case citations in the text, guide to case briefing, and amendments I-XV to the U.S. Constitution are appended.