Texas Search and Seizure Law, With Coverage of Arrests, Confessions, and Privacy Expectations, which provides a clear and comprehensive approach to the study of modern constitutional criminal procedure.
Texas Search and Seizure Law, With Coverage of Arrests, Confessions, and Privacy Expectations, which provides a clear and comprehensive approach to the study of modern constitutional criminal procedure. It analyzes the classical and current United States Supreme Court and federal circuit court decisions, along with relevant state court decisions that impact the day-to-day duties of law enforcement and criminal justice professionals. Search and Seizure Law removes the guesswork in, and tedious search for, “today’s law.” Where relevant, specific areas of state court departure have been identified. This is where various state courts employ “New Federalism” to rely on their own constitutions to provide state citizens with added protection to their rights and liberties. Search and Seizure Law is an officer’s, attorney’s or law/criminal justice student’s or professor’s valuable reference for the Laws of Arrest, Confessions, and Privacy Expectations.
TEXAS SEARCH AND SEIZURE LAW
With Coverage of Arrests, Confessions, and Privacy Expectations
CONSTITUTIONAL CRIMINAL PROCEDURE
Constitutional Analysis
New Federalism
Interpreting the Texas Constitution
Rights of Crime Victims
The Fifth Amendment
The Sixth Amendment
The Exclusionary Rule
General aspects
"Fruit of the Poisonous Tree" Doctrine
The "Attenuation Doctrine"
The good-faith exception
The "Independent Source" Doctrine
The "Inevitable Discovery" Doctrine
INVESTIGATIVE DETENTIONS
Levels of encounters
Consensual encounters; the "mere inquiry"
Working the buses
Investigative detentions; "stop and frisk"
Reasonable articulable suspicion for a stop
The scope of an investigative detention
Stop and identify
The "least intrusive means" test
Transporting suspects
Handcuffing suspects
Reasonable suspicion for a protective "frisk"
Anonymous tip—"Man with a gun" call
The scope of the protective frisk
Plain touch
Various factors to consider
A suspect’s prior criminal record
An officer’s training and experience
Knowledge of a recent crime in the area
High-crime/high drug-trafficking areas
Time period
Wanted flyers
Evasive conduct, furtive gestures, etc
Flight
Tips provided by informants
Drug courier profiles
Mere inquiries, investigative stops and Miranda
Investigative detentions of vehicles; the "motor vehicle or traffic stop"
General aspects
A tip of dangerous or erratic driving
Observed violations
The "owner is the driver" assumption
Permissible activities at, and length of, a traffic stop
The VIN of a motor vehicle
Roadblocks and checkpoints
Removing drivers or passengers from the motor vehicle
A "Terry frisk" of the vehicle’s passenger compartment
Pretextual stops
Investigative detentions of property
A trained "sniff" by a "canine cannabis connoisseur"
THE LAW OF ARREST
General aspects
The objective standard
Factors to consider
The probable cause requirement
Involuntary transportation to the police station
An officer’s training, experience and expertise
The "fellow officer"/"collective knowledge" rule
Other factors to consider
High crime areas
Identification of suspect
Informants
Flight, nervousness or evasive maneuvers
Arrest with a warrant
Contents of the arrest warrant
Media ride-alongs
Delay in making an arrest
Protective sweeps
Arrest without a warrant
Entry of a dwelling to effect an arrest
The requirement of exigent circumstances in addition to probable cause
Exigent circumstances further explored
Community caretaking and emergency aid
Hot pursuit
Consent
Payton violations and the limits of the exclusionary rule
Minor offenses
Entry of the home of a third party
The "knock and announce" rule
Use of force to effect an arrest
Procedures after arrest
Authority to obtain fingerprints and photographs
SEARCH & SEIZURE
The Warrant Requirement
Preliminary
The search warrant affidavit
Issuance of the warrant
The particularity requirement
The places to be searched
The things to be seized
Contraband goods
Judicial requirements
The neutral and detached magistrate
Oath or affirmation
The probable cause requirement
The "totality of the circumstances" test
Staleness of probable cause
The "four corners" test
Sources of information/informants
Criminal informants
Citizen informants
Fellow officers
Anonymous tips
Warrant execution; serving the warrant
Service
Entry and the "knock and announce" rule
The time between the announcement and the entry
Inventory and return
Police Need Not Inform Owner of the Procedures for Property Return
Anticipatory warrants
Scope of the search
The authority to detain occupants
Media ride-alongs
Exceptions to the warrant requirement (warrantless searches)
Search incident to a lawful arrest
The person of the arrestee and the area within his immediate control
Strip searches
Fingerprints, photographs and DNA
The search must be substantially contemporaneous with the arrest
Items carried by the arrestee
Minor offenses
Search incident to citation rejected
Blood and breath alcohol
Cell phones
Cell phone location data
Motor vehicle searches incident to arrest
Exigent circumstances
Destruction or removal of evidence
Crime scenes
Protective, victim/suspect fan-out searches
Evidence about to be destroyed
Narcotics and other dangerous drugs
Pending the arrival of a search warrant
When the knock and announce prompts the sound of evidence destruction
Blood alcohol
Safety of the officer or others
When there is an imminent threat of violence
Burglary in progress
Hot/fresh pursuit
Emergency aid
Firefighters
Community caretaking
Protective custody
Consent searches
General aspects
The right to refuse
Determining whether the consent was voluntary or coerced
Express or implied consent
Common authority
Parental consent
Co-occupants
Consent provided by a minor
Traffic stops
Scope of the consent
Automobile exception
General aspects
Closed packages in an automobile
Passengers belongings
Delayed searches
K-9 searches
Odor of contraband
Motor homes
GPS tracking
Driveway searches
Impound and inventory searches
General aspects
Pre-existing standardized procedures
Booking procedures
PRIVACY EXPECTATIONS
Preliminary
Listening devices
Presence of the media during warrant execution
Thermal imaging devices
Use of a flashlight
Drug field test not a search
Use of a drug-sniffing dog on a homeowner’s porch
The VIN of an automobile
Reasonable expectations of privacy and a person’s physical appearance
Facial characteristics
Fingerprints
The physical characteristics of a person’s voice
Handwriting
Soles of a person’s shoes
Dental implants
Arrest records
The passenger area of a commercial bus
Rental cars
Parking lots
Bank records
Open fields
The "curtilage."
A home’s driveway
The "knock and talk"
Plain view
General aspects
Use of a flashlight
Aerial observations
Abandonment
General aspects
Throwing or discarding property
Abandoned structures
Curbside garbage
Denying ownership
Silence in response to a police inquiry about ownership
ADMINISTRATIVE AND REGULATORY SEARCHES
Administrative searches
The "balancing of interests" analysis
The "special needs" analysis
School searches
An unreasonable strip search
Government employers
Probation and parole
Drug testing
Hotel/motel registries
Regulatory searches
Fire Scenes
Preliminary considerations
The warrant requirement and fire scene entries
To determine cause and origin
To search for evidence of arson
Border Searches
PRIVATE SEARCHES
General aspects
The target of the exclusionary rule
CONFESSION LAW
Introduction
The Fifth Amendment
The Miranda Requirements
The Miranda Formula
Interviews and Confessions
Preliminary issues
Uncorroborated confessions and the "corpus delicti" rule
Electronic recordings of custodial interrogations
Volunteered statements
What constitutes custody?
General aspects
A motor vehicle stop is not Miranda custody
Stationhouse questioning
Hospital settings
When the suspect is a juvenile, age should be taken into account
Prison custody is not Miranda custody
What constitutes interrogation?
General aspects
The Fifth Amendment setting
Providing information about the crime
Consent searches
The Sixth Amendment setting
The "Christian Burial" case
After indictment
When the right to counsel attaches
Miranda
Administration; when to advise
When the administration of the Miranda warnings has become stale
When a suspect becomes the "focus" or "target" of an investigation
On the scene questioning
Miranda and motor vehicle offenses
The routine "booking question" exception to Miranda
Physical sobriety tests
The public safety exception
The impeachment exception
Physical fruits of an unwarned statement
Events surrounding the interrogation process
Invocation of rights
The right to remain silent
Booking questions
A suspect’s silence and impeachment
The right to counsel
A request for counsel during non-custodial questioning
Conditional requests
When the accused initiates further conversation
Offenses unrelated to the subject of the initial interrogation
The Shatzer 14-day rule
Waiver of rights
General aspects
Voluntariness—a two-step analysis
A free and unconstrained choice; inducements to confess
A knowing and intelligent choice
Juveniles
Intoxicated suspects
Lying to a suspect
An initial failure to warn
Deliberate "end runs" around Miranda
Illegal detention
Outside influences
FOREIGN NATIONALS
Notification of Rights
Waiver of Rights
Diplomatic Immunity
<p>Thank you for choosing to subscribe to our Blue360 Media Plus Easy Pay Plan. To activate your order, please read and agree to the terms and conditions below</p> <ul> <ul> <li>You agree to place your credit card or payment information on file with Blue360 Media's credit card processor and you are authorizing automatic payments. <br><br></li> <li><em>Charges, Payment & Taxes</em>. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the returns and refunds section below. If we do not receive payment or if your credit card is expired or declined, you must provide a new payment method within 15 business days or pay the remaining subscription balance via another arranged payment method. To change or update your payment information, please call us at 844-599-2887. If no payment is received, electronic access may be suspended until payment has been rendered. All charges must be paid within 30 days of the invoice date. The subscriber is responsible for all applicable taxes unless tax exempt. If you fail to pay the applicable charges within 30 days, you may be responsible for applicable late fees and any other fees associated with collections.<br><br></li> </ul> </ul> <ul> <li><em>Automatic Renewal. </em>You understand that your subscription will automatically renew each year on the anniversary of your original purchase. If your order included Print, you will be shipped your publication automatically with no action on your part. You will receive a notification from us alerting you to your renewal subscription. At this time, you may change your order information or cancel your subscription at no cost to you as long as your cancellation is received prior to your renewal date. Otherwise, the your order is subject to the Returns and Refunds section below.<br><br></li> <li><em>Returns and Refunds</em>. You may return a print product to us within 30 days of the original shipment date if the product does not meet your expectations. Note, however, that eBook and mobile app charges are not refundable once downloaded. Contact <a href="mailto:[email protected]">[email protected]</a> for information regarding our return and refund policies. If you cancel your subscription after the allotted 30-days, you will still be responsible for the monthly charges until the end of your original Monthly Payment Subscription Term. If you return or cancel within 30 days of shipment, you will receive full credit for the purchase price, less shipping and handling fees. For any returns, a 20% restocking fee may be charged. <strong>No credit will be given for returns more than 30 days after shipment</strong>.<br><br></li> <li><em>Shipping Charges</em>. Standard shipping charges are included on your invoice or may be included in your monthly rate if you chose a monthly payment plan. Additional shipping charges will be added for expedited shipments made at your request and for international product delivery, however, these services are not available for First Access subscribers as they will be shipped immediately upon publication. International product and expedited shipments will be charged at the current shipper rate. <br><br></li> </ul> <p>Please review our full Publication Terms and Return Policy Located <a href="https://www.blue360media.com/publication-terms-return-policy" data-saferedirecturl="https://www.google.com/url?q=https://www.blue360media.com/publication-terms-return-policy&source=gmail&ust=1599686457039000&usg=AFQjCNH4rrjj6CIVqFt_S5hpK-TGjDYG9A">Here</a>.</p>
Thank you for choosing to subscribe to our Blue360 Media Plus Easy Pay Plan. To activate your order, please read and agree to the terms and conditions below
You agree to place your credit card or payment information on file with Blue360 Media's credit card processor and you are authorizing automatic payments.
Charges, Payment & Taxes. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the returns and refunds section below. If we do not receive payment or if your credit card is expired or declined, you must provide a new payment method within 15 business days or pay the remaining subscription balance via another arranged payment method. To change or update your payment information, please call us at 844-599-2887. If no payment is received, electronic access may be suspended until payment has been rendered. All charges must be paid within 30 days of the invoice date. The subscriber is responsible for all applicable taxes unless tax exempt. If you fail to pay the applicable charges within 30 days, you may be responsible for applicable late fees and any other fees associated with collections.
Automatic Renewal. You understand that your subscription will automatically renew each year on the anniversary of your original purchase. If your order included Print, you will be shipped your publication automatically with no action on your part. You will receive a notification from us alerting you to your renewal subscription. At this time, you may change your order information or cancel your subscription at no cost to you as long as your cancellation is received prior to your renewal date. Otherwise, the your order is subject to the Returns and Refunds section below.
Returns and Refunds. You may return a print product to us within 30 days of the original shipment date if the product does not meet your expectations. Note, however, that eBook and mobile app charges are not refundable once downloaded. Contact [email protected] for information regarding our return and refund policies. If you cancel your subscription after the allotted 30-days, you will still be responsible for the monthly charges until the end of your original Monthly Payment Subscription Term. If you return or cancel within 30 days of shipment, you will receive full credit for the purchase price, less shipping and handling fees. For any returns, a 20% restocking fee may be charged. No credit will be given for returns more than 30 days after shipment.
Shipping Charges. Standard shipping charges are included on your invoice or may be included in your monthly rate if you chose a monthly payment plan. Additional shipping charges will be added for expedited shipments made at your request and for international product delivery, however, these services are not available for First Access subscribers as they will be shipped immediately upon publication. International product and expedited shipments will be charged at the current shipper rate.
Please review our full Publication Terms and Return Policy Located Here.
Thank you for choosing to subscribe to our Blue360 Media Plus Easy Pay Plan. To activate your order, please read and agree to the terms and conditions below
You agree to place your credit card or payment information on file with Blue360 Media's credit card processor and you are authorizing automatic payments.
Charges, Payment & Taxes. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the returns and refunds section below. If we do not receive payment or if your credit card is expired or declined, you must provide a new payment method within 15 business days or pay the remaining subscription balance via another arranged payment method. To change or update your payment information, please call us at 844-599-2887. If no payment is received, electronic access may be suspended until payment has been rendered. All charges must be paid within 30 days of the invoice date. The subscriber is responsible for all applicable taxes unless tax exempt. If you fail to pay the applicable charges within 30 days, you may be responsible for applicable late fees and any other fees associated with collections.
Automatic Renewal. You understand that your subscription will automatically renew each year on the anniversary of your original purchase. If your order included Print, you will be shipped your publication automatically with no action on your part. You will receive a notification from us alerting you to your renewal subscription. At this time, you may change your order information or cancel your subscription at no cost to you as long as your cancellation is received prior to your renewal date. Otherwise, the your order is subject to the Returns and Refunds section below.
Returns and Refunds. You may return a print product to us within 30 days of the original shipment date if the product does not meet your expectations. Note, however, that eBook and mobile app charges are not refundable once downloaded. Contact [email protected] for information regarding our return and refund policies. If you cancel your subscription after the allotted 30-days, you will still be responsible for the monthly charges until the end of your original Monthly Payment Subscription Term. If you return or cancel within 30 days of shipment, you will receive full credit for the purchase price, less shipping and handling fees. For any returns, a 20% restocking fee may be charged. No credit will be given for returns more than 30 days after shipment.
Shipping Charges. Standard shipping charges are included on your invoice or may be included in your monthly rate if you chose a monthly payment plan. Additional shipping charges will be added for expedited shipments made at your request and for international product delivery, however, these services are not available for First Access subscribers as they will be shipped immediately upon publication. International product and expedited shipments will be charged at the current shipper rate.
Please review our full Publication Terms and Return Policy Located Here.
