Legal Guide for Police Constitutional Issues 9th Edition by Jeffery Walker, Craig Hemmens 1437755887 9781437755886

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ISBN 10: 1437755887 

ISBN 13: 9781437755886

Author: Jeffery T Walker; Craig Hemmens

Legal Guide for Police: Constitutional Issues, Ninth Edition, provides an understanding of federal and state laws and court decisions that are essential to law enforcement officers in their line of work. It presents U.S. Supreme Court decisions up to and including the 2009 term of court. The book discusses the effects of failing to comply with constitutional mandates, and it considers the general limitations on police power, emphasizing the common constitutional questions that confront officers when they are called on to enforce the law. It also covers legal standards relating to detention, arrest, search and seizure, questioning suspects, and pretrial identification procedures. This book is a valuable resource for officers tasked with protecting rights, seeking illegalities, and preparing evidence for use in court. It may also be used in departmental training programs and in colleges that offer courses for in-service and pre-service officers.

Legal Guide for Police Constitutional Issues 9th Table of contents:

Chapter 1 Results of Failure to Comply with Constitutional Mandates

§ 1.1 Civil Liabilities

§ 1.2 Civil Rights Actions

§ 1.3 Liability of Supervisors, Administrators, and Agencies

§ 1.4 Admissibility of Evidence

§ 1.5 Summary

Chapter 2 Police Power and Limitations

§ 2.1 Police Power, Authority, and Responsibility

§ 2.2 Limits on Police Authority

§ 2.3 Bill of Rights

§ 2.4 Due Process of Law

§ 2.5 Effects of Broadening the Scope of the Fourteenth Amendment Due Process Clause

§ 2.6 Protection of Rights via State Constitutions and Laws

§ 2.7 Summary

Chapter 3 Police Authority to Detain

§ 3.1 General Considerations

§ 3.2 Consensual Encounters

§ 3.3 Terry v. Ohio Stop-and-Frisk Rationale

§ 3.4 Application to Off-Street Situations

§ 3.5 Application to Detention of Motorists

§ 3.6 Detention of Luggage

§ 3.7 Duration of the Detention

§ 3.8 Detention to Check Driver’s License and Registration

§ 3.9 Detention at Police Roadblocks

§ 3.10 Summary

Chapter 4 Law of Arrest

§ 4.1 General Considerations

§ 4.2 Statutory Authority to Arrest

§ 4.3 Definition and Elements of Arrest

§ 4.4 Arrest under the Authority of an Arrest Warrant

§ 4.5 Arrest without a Warrant

§ 4.6 Post-Arrest Probable Cause Determination

§ 4.7 Use of Force in Making an Arrest

§ 4.8 The Citation and Summons in Law Enforcement

§ 4.9 Arrest after Fresh Pursuit

§ 4.10 Summary

Chapter 5 Search and Seizure with a Warrant

§ 5.1 General Considerations

§ 5.2 Constitutional Provisions

§ 5.3 The Exclusionary Rule

§ 5.4 Extension of the Exclusionary Rule to All Courts: Mapp v. Ohio

§ 5.5 Application and Modification of the Exclusionary Rule

§ 5.6 Seizure with a Valid Search Warrant—General

§ 5.7 Requirements of a Valid Search Warrant

§ 5.8 Execution of the Search Warrant

§ 5.9 Search of a Person on the Premises Where Such Person Is Not Described in the Warrant

§ 5.10 Return of the Warrant

§ 5.11 Summary

Chapter 6 Search and Seizure without a Warrant

§ 6.1 General Considerations

§ 6.2 Search Incident to a Lawful Arrest

§ 6.3 Search with a Valid Waiver (Consent Searches)

§ 6.4 Search of Movable Vehicles and Objects

§ 6.5 Search after Lawful Impoundment (Inventory Searches)

§ 6.6 Exigent Circumstances Exception to the Warrant Requirement

§ 6.7 Plain View Searches

§ 6.8 Search of Premises Not Protected by the Fourth Amendment (Open Fields)

§ 6.9 Search by a Private Individual

§ 6.10 Standing to Challenge the Search

§ 6.11 Stop and Frisk

§ 6.12 Seizure of Verbal Evidence via Recorders or Microphones: Electronic Searches

§ 6.13 Airport Searches

§ 6.14 Search of Pervasively Regulated Businesses

§ 6.15 Summary

Chapter 7 Questioning Suspects

§ 7.1 General Considerations

§ 7.2 The Free and Voluntary Rule

§ 7.3 Warning and Waiver Requirements (Miranda Rule)

§ 7.4 Exclusion Related to the Fourth Amendment

§ 7.5 Right to Counsel

§ 7.6 The Delay in Arraignment Rule

§ 7.7 Corroboration

§ 7.8 Exceptions to Right to Counsel and Self-Incrimination

§ 7.9 Admissibility of a Second Confession After an Inadmissible First Confession

§ 7.10 Summary

Chapter 8 Pretrial Identification Procedures

§ 8.1 General Considerations

§ 8.2 Fingerprinting and Photographing Suspects

§ 8.3 Lineup—Self-Incrimination Challenge

§ 8.4 Lineup—Right to Counsel Challenge

§ 8.5 Lineup—Due Process Challenge

§ 8.6 Pretrial Photographic Identification

§ 8.7 Dental Examination

§ 8.8 Voice Exemplars

§ 8.9 Footprint Comparisons and Other Body Examinations

§ 8.10 Deoxyribonucleic Acid (DNA) Tests

§ 8.11 Summary

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Jeffery Walker,Craig Hemmens,Police,Constitutional