Authors Holtz and Spencer take an innovative approach to the study and practical application of the cases and statutes for the laws of arrest, search and seizure.
Authors Holtz and Spencer take an innovative approach to the study and practical application of modern criminal procedure. The book dissects and analyzes critical court cases involving the laws of arrest, search and seizure, investigative detentions (including stop and frisk, and motor vehicle stops), interviews, confessions and Miranda, the right to counsel, identification procedures, evidence, and law enforcement liability. Texas Criminal & Traffic Procedural Manual is a critical resource for law enforcement agencies and criminal justice professionals.
SUMMARY OF CONTENTS
PREFACE
THE AUTHORS
SUMMARY OF CONTENTS
DETAILED ANALYSIS OF CONTENTS
READING GUIDE
PART I: ARREST, SEARCH AND SEIZURE
CHAPTER 1. ARREST
Introduction
Probable cause requirement
Arrest with warrant
Arrest without warrant
Offense within view
Offense within view of magistrate
Authority of peace officers
When a felony has been committed
Preventing consequences of theft
Arrests outside officer’s primary jurisdiction
Entry of a dwelling to effect an arrest
Use of force to effect an arrest
Substantive and procedural due process of law
Substantive due process
Procedural due process
CHAPTER 2. SEARCH WARRANTS
Introduction: The written warrant requirement
Judicial requirements
The neutral and detached magistrate
The oath or affirmation
The probable cause requirement
Sources of information
The totality-of-the-circumstances test
Staleness
Anticipatory search warrants
Attacking the sufficiency or integrity of the affidavit
The particularity requirement
The places to be searched
The things to be seized
Search warrant execution
Time
Entry
Scope of the search
Search warrant return
CHAPTER 3. EXCEPTIONS TO THE WRITTEN WARRANT REQUIREMENT
Introduction
Search incident to a lawful arrest
The person of the arrestee and the area within his control
Motor vehicle searches incident to arrest
Exigent circumstances
Easily lost or destroyed evidence
Dangerous weapons or instrumentalities
Emergency aid and community caretaking functions
Impounded vehicles and inventory searches
Motor vehicles: The “automobile exception”
Consent
Introduction
Voluntariness
Third parties: Common and apparent authority
Scope of consent
CHAPTER 4. PRIVACY EXPECTATIONS: THE LIMITS OF CONSTITUTIONAL PROTECTION
Privacy expectations
Open fields
Plain view
Abandonment
CHAPTER 5. NON-GOVERNMENTAL SEARCHES
Introduction
Cases and materials
CHAPTER 6. REGULATORY AND ADMINISTRATIVE SEARCHES; BORDER SEARCHES
Regulatory and administrative searches
Border searches
CHAPTER 7. FIRE SCENES
The warrant requirement and fire-scene entries
Warrantless entries at the scene of a fire
CHAPTER 8. INVESTIGATIVE DETENTIONS; STOP AND FRISK
Introduction
Investigative detentions of persons
The point at which a “seizure” occurs
The “Terry stop”
Transporting suspects
The “Terry frisk”
Investigative detentions of vehicles
Introduction
Roadblocks/highway checkpoints
Motor vehicle stops and the “reasonable articulable suspicion” requirement
Removing drivers or passengers from the motor vehicle
The “Terry frisk” of the vehicle’s passenger compartment
Investigative detentions of property
CHAPTER 9. THE INDEPENDENT SOURCE DOCTRINE AND THE INEVITABLE DISCOVERY RULE
Preliminary
Cases and materials
CHAPTER 10. GOOD FAITH AND THE EXCLUSIONARY RULE
Preliminary
Cases and materials
PART II: CONFESSION LAW AND EYEWITNESS IDENTIFICATION
CHAPTER 11. INTERVIEWS; CONFESSIONS; AND MIRANDA
Introduction
Interviews and confessions—Preliminary issues
The corpus delicti rule
Custodial interrogation
What constitutes custody?
What constitutes interrogation?
Miranda
Administration; when to advise
Miranda and motor vehicle offenses
Public safety exception
Impeachment exception
Events surrounding the interrogation process
Invocation of rights
The right to remain silent
The right to counsel
Waiver of rights
Illegal detention
Outside influences
CHAPTER 12. EYEWITNESS IDENTIFICATION
Introduction
Preliminary issues
Showups and lineups
Showups
Lineups
Photo arrays
PART III: ADDENDA
THE OATH OF OFFICE
THE CONSTITUTION OF THE UNITED STATES
CURRENT JUSTICES OF THE SUPREME COURT OF THE UNITED STATES
CONSTITUTION OF THE STATE OF TEXAS: BILL OF RIGHTS
CURRENT JUDGES OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS
GLOSSARY OF TERMS FREQUENTLY USED IN CASE LAW ANALYSIS
TABLE OF CASES
INDEX
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