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Criminal Procedure
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Criminal Procedure

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Chapter 1 The Court System, Court Cases,

and Sources of Rights

Duncan v. Louisiana (1968) 23

Chapter 2 Overview of the Criminal

Justice Process

Iowa v. Tovar (2004) 48

Santobello v. New York (1971) 51

Chapter 3 Probable Cause and

Reasonable Suspicion

Michigan v. Summers (1981) 75

Brinegar v. United States (1949) 75

Spinelli v. United States (1969) 86

United States v. Leon (1984) 89

Alabama v. White (1990) 92

United States v. Arvizu (2002) 93

Chapter 4 The Exclusionary Rule

Elkins v. United States (1960) 107

Mapp v. Ohio (1961) 109

Silverthorne Lumber Co. v.

United States (1920) 114

Massachusetts v. Sheppard (1984) 115

Brown v. Illinois (1975) 122

Chapter 5 Stop and Frisk and

Stationhouse Detention

Terry v. Ohio (1968) 140

Illinois v. Wardlow (2000) 144

Florida v. Royer (1983) 149

Hiibel v. Sixth Judicial District Court

of Nevada (2004) 150

Minnesota v. Dickerson (1993) 155

Pennsylvania v. Mimms (1977) 159

Chapter 6 Arrest, Use of Force, and

Responses to Terrorism

Florida v. Bostick (1991) 173

Payton v. New York (1980) 181

Wilson v. Arkansas (1995) 193

Atwater v. City of Lago Vista (2001) 198

Tennessee v. Garner (1985) 206

Hamdi v. Rumsfeld (2004) 212

Rasul v. Bush (2004) 212

Chapter 7 Searches and Seizures of Things

and Electronic Surveillance

Groh v. Ramirez (2004) 232

United States v. Banks (2003) 234

Chimel v. California (1969) 240

Schmerber v. California (1966) 250

Board of Education of

Independent School District

No. 92 of Pottawatomie County

et al. v. Earls (2002) 254

Muehler v. Mena (2005) 255

Katz v. United States (1967) 260

Chapter 8 Motor Vehicle Stops,

Searches, and Inventories

Illinois v. Lidster (2004) 282

United States v. Benitez (10th Cir. 1990) 293

Whren v. United States (1996) 293

Maryland v. Pringle (2003) 297

Carroll v. United States (1925) 299

New York v. Belton (1981) 302

Thornton v. United States (2004) 303

United States v. Ross (1982) 304

Illinois v. Caballes (2005) 306

United States v. Flores-Montano (2004) 312

Important Cases in the Seventh Edition

Bold cases are new to this edition

Chapter 9 Searches and Seizures Not

Fully Protected by the Fourth

Amendment: Plain View, Open

Fields, Abandonment, and

Border Searches

Horton v. California (1990) 332

Boyd v. United States (1886) 337

United States v. Dunn (1987) 338

Oliver v. United States (1984) 342

United States v. Ramsey (1977) 349

Chapter 10 Lineups and Other Means of

Pretrial Identification

Kirby v. Illinois (1972) 363

Gilbert v. California (1967) 365

United States v. Wade (1967) 366

Neil v. Biggers (1972) 368

Daubert v. Merrell Dow Pharmaceuticals,

Inc. (1993) 387

Chapter 11 Confessions and Admissions:

Miranda v. Arizona

Miranda v. Arizona (1966) 404

Dickerson v. United States (2000) 408

Berkemer v. McCarty (1984) 410

Fellers v. United States (2004) 413

Yarborough v. Alvarado (2004) 421

Edwards v. Arizona (1981) 425

Kaupp v. Texas (2003) 427

Missouri v. Seibert (2004) 429

United States v. Patane (2004) 435

Arizona v. Fulminante (1991) 441

Chapter 12 Constitutional Rights of the

Accused during the Trial

Batson v. Kentucky (1986) 455

Johnson v. California (2005) 456

J. E. B. v. Alabama (1994) 458

Lockhart v. McCree (1986) 460

Apprendi v. New Jersey (2000) 461

Gideon v. Wainwright (1963) 462

Ring v. Arizona (2002) 462

Iowa v. Tovar (2004) 464

Wiggins v. Smith (2003) 469

Yarborough v. Gentry (2003) 469

Smith v. Massachusetts (2005) 480

Chapter 13 Legal Liabilities and Other

Consequences of Police

Misconduct

Chavez v. Martinez (2004) 511

Town of Castle Rock v. Gonzales (2005) 512

Harlow v. Fitzgerald (1982) 514

Brosseau v. Haugen (2004) 515

Saucier v. Katz (2001) 516

Criminal Procedure

LAW AND PRACTICE

Seventh Edition

Rolando V. del Carmen

Sam Houston State University

Australia • Brazil • Canada • Mexico • Singapore • Spain

United Kingdom • United States

Criminal Procedure:

Law and Practice, Seventh Edition

Rolando V. del Carmen

Senior Acquisitions Editor, Criminal Justice:

Carolyn Henderson Meier

Editorial Assistant: Rebecca Johnson

Technology Project Manager: Amanda Kaufmann

Marketing Manager: Terra Schultz

Marketing Assistant: Jaren Boland

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Project Manager, Editorial Production: Jennie Redwitz

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Art Director: Vernon Boes

Print Buyer: Doreen Suruki

Permissions Editor: Joohee Lee

Production Service: Melanie Field

Text Designer: Cheryl Carrington

Copy Editor: Lura Harrison

Cover Designer: Bill Stanton

Cover Images: Left: Thinkstock/SuperStock;

right: Bob Daemmrich/The Image Works

Compositor: Integra Software Services

Text and Cover Printer: West Group

© 2007 Thomson Wadsworth, a part of The Thomson Corporation.

Thomson, the Star logo, and Wadsworth are trademarks used herein

under license.

ALL RIGHTS RESERVED. No part of this work covered by the

copyright hereon may be reproduced or used in any form or by any

means—graphic, electronic, or mechanical, including photocopying,

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the publisher.

Printed in the United States of America

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Used herein under license.

© 2007 Thomson Learning, Inc. All Rights Reserved. Thomson

Learning WebTutor™ is a trademark of Thomson Learning, Inc.

Library of Congress Control Number: 2006924109

ISBN 0-495-00600-9

Thomson Higher Education

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For more information about our products, contact us at:

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For permission to use material from this text or product, submit

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Any additional questions about permissions can be submitted by

e-mail to [email protected].

This book is dedicated to my wife, Josie, my

daughter, Jocelyn, and to the many graduate

and undergraduate students I have had over

the years from whom I have learned so much.

About the Author

Rolando V. del Carmen is Distinguished Professor of Criminal Justice

(Law) in the College of Criminal Justice, Sam Houston State

University. He received a Bachelor of Laws degree (the equivalent of

a J.D. degree) from the Philippines, a Master of Comparative Law

(M.C.L.) from Southern Methodist University, a Master of Laws

(LL.M.) from the University of California at Berkeley, and a Doctor

of the Science of Law (J.S.D.) from the University of Illinois at

Champaign-Urbana. He has authored numerous books and articles

on law and criminal justice. His latest book is Juvenile Justice: The

System, Process, and Law (with Chad Trulson), published by

Thomson Wadsworth. He lectures nationally and internationally on

various law-related topics. His Criminal Procedure: Law and Practice (Wadsworth) has

been translated into Japanese, Korean, and Chinese and is used extensively in those

countries. A recipient of many national and state awards, he has the distinction of hav￾ing received all three major awards given annually by the Academy of Criminal Justice

Sciences during its annual national convention: the Academy Fellow Award (1990),

the Bruce Smith Award (1997), and the Founder’s Award (2005). He has taught

numerous graduate and undergraduate classes in law and has been a mentor and

friend over the years to his many students.

iv

v

Brief Contents

1 Introduction

Chapter 1 The Court System, Court Cases, and Sources of Rights 1

Chapter 2 Overview of the Criminal Justice Process 33

2 Levels of Proof and the Exclusionary Rule

Chapter 3 Probable Cause and Reasonable Suspicion 73

Chapter 4 The Exclusionary Rule 102

3 Searches and Seizures of Persons

Chapter 5 Stop and Frisk and Stationhouse Detention 136

Chapter 6 Arrests, Use of Force, and Responses to Terrorism 168

4 Searches and Seizures of Property

Chapter 7 Searches and Seizures of Things and Electronic Surveillance 221

Chapter 8 Motor Vehicle Stops, Searches, and Inventories 280

Chapter 9 Searches and Seizures Not Fully Protected by the Fourth Amendment:

Plain View, Open Fields, Abandonment, and Border Searches 325

5 Identifications, Confessions, and Admissions

Chapter 10 Lineups and Other Means of Pretrial Identification 359

Chapter 11 Confessions and Admissions: Miranda v. Arizona 398

6 Constitutional Rights and the Consequences of Police Misconduct

Chapter 12 Constitutional Rights of the Accused during the Trial 450

Chapter 13 Legal Liabilities and Other Consequences of Police Misconduct 503

This page intentionally left blank

vii

Contents

Preface xv

Part 1 Introduction

Chapter 1 The Court System, Court Cases,

and Sources of Rights 1

Introduction 2

The Structure of the Court System 3

The Federal Court System 3

The State Court System 6

The Territorial Effect of Judicial Decisions 9

Judicial Precedent (Stare Decisis) 10

Federal versus State Jurisdiction 10

Jurisdiction versus Venue 12

Court Cases 13

Case Citations 13

Internet Sources 14

How to Brief a Case 15

Sources of Rights 17

Constitutions 17

Statutory Law 20

Case Law 21

Court Rules 22

The Incorporation Controversy: Does the Bill of Rights

Apply to the States? 22

Background 22

Approaches to Incorporation 23

CASE BRIEF: Duncan v. Louisiana (1968) 23

Rights Held to Be Fundamental and

Incorporated 25

Rights Not Incorporated 26

Nationalization of the Bill of Rights 26

The Judicial Review Doctrine 27

The Rule of Law 27

Summary 29

Review Questions and Hypothetical Cases 30

Key Terms 31

Holdings of Key Cases 31

Recommended Readings 31

Notes 32

Chapter 2 Overview of the Criminal Justice

Process 33

Introduction 34

The Procedure before Trial 36

The Filing of a Complaint 36

The Arrest 37

Booking at the Police Station 39

Initial Appearance before a Magistrate after

the Arrest 39

The Setting of Bail 40

The Preliminary Hearing 41

The Decision by the Prosecutor to Charge 43

Grand Jury Indictment versus an Information 43

The Arraignment 45

The Plea by the Defendant 46

Plea Bargains 48

CASE BRIEF: Santobello v. New York (1971) 51

The Procedure during Trial 52

The Selection of Jurors 52

Opening Statements by the Prosecution 55

Opening Statements by the Defense 55

Presentation of the Case for the

Prosecution 55

Presentation of the Case for the Defense 56

Rebuttal Evidence 56

Closing Arguments 57

Defense Motions Prior to the Verdict 57

The Judge’s Instructions to the Jury 58

Jury Deliberation 59

The Verdict—Guilty or Not Guilty 60

The Procedure after Trial 62

Sentencing 62

Appeal 63

Habeas Corpus 65

Beware: The Procedure in Your Jurisdiction

May Differ 66

Application to Felony Cases 66

Variation among States 68

Variation within a State 68

Theory versus Reality 68

Summary 69

Review Questions and Hypothetical Cases 69

Key Terms 70

Holdings of Key Cases 71

Recommended Readings 71

Notes 72

viii C ONTENTS

Part 2 Levels of Proof and the Exclusionary Rule

Chapter 3 Probable Cause and Reasonable

Suspicion 73

Introduction 74

Probable Cause 75

Probable Cause Defined 75

A “Man of Reasonable Caution” 76

A Practical Definition—More than 50 Percent

Certainty 77

The Definition of Probable Cause Is the Same

in All Areas of Police Work 77

Arrests of Persons versus Search and Seizure of

Property 78

With a Warrant versus without a Warrant 78

The Advantages of Obtaining a Warrant 79

Determining Probable Cause 80

Establishing Probable Cause by What Is Found

after an Illegal Act 80

What Can Be Used to Establish Probable

Cause 81

How Probable Cause Is Established 81

CASE BRIEF: Spinelli v. United States (1969)

86

Probable Cause and Motor Vehicle

Passengers 90

Reasonable Suspicion 90

Reasonable Suspicion Defined 91

CASE BRIEF: Alabama v. White (1990) 92

The Totality of Circumstances 93

Probable Cause and Reasonable Suspicion

Compared 94

Appealing a Finding of Probable Cause or Reasonable

Suspicion 95

Summary 96

Review Questions and Hypothetical Cases 97

Key Terms 98

Holdings of Key Cases 98

You Be the Judge 99

Recommended Readings 101

Notes 101

Chapter 4 The Exclusionary Rule 102

Introduction 103

The Exclusionary Rule 104

The Exclusionary Rule Defined 104

The Purpose of the Rule 105

A Judge-Made Rule 106

Historical Development 106

The Exclusionary Rule Applied to State Criminal

Prosecutions: Mapp v. Ohio 108

CASE BRIEF: Mapp v. Ohio (1961) 109

Procedures for Invoking the Exclusionary Rule 111

In Pretrial Motions and during the Trial 111

On Appeal 111

In Habeas Corpus Proceedings 112

“Standing” and the Exclusion of Illegally Seized

Evidence 112

Determining What Is Inadmissible 113

Illegally Seized Evidence 113

Fruit of the Poisonous Tree 113

Exceptions to the Exclusionary Rule 115

The Good Faith Exceptions 115

CASE BRIEF: Arizona v. Evans (1995) 119

The Inevitable Discovery Exception 121

The Purged Taint Exception 122

The Independent Source Exception 123

Proceedings to which the Rule Does Not Apply 124

In Private Searches 124

In Grand Jury Investigations 124

In Sentencing 124

In Violations of Agency Rules Only 125

In Noncriminal Proceedings 125

In Parole Revocation Hearings 125

Arguments in Support of the Exclusionary Rule 126

Arguments against the Exclusionary Rule 126

Alternatives to the Exclusionary Rule 128

The Future of the Exclusionary Rule:

It Is Here to Stay 129

Summary 130

Review Questions and Hypothetical Cases 130

Key Terms 131

Holdings of Key Cases 131

You Be the Judge 133

Recommended Readings 135

Notes 135

C ONTENTS ix

Part 3 Searches and Seizures of Persons

Chapter 5 Stop and Frisk and Stationhouse

Detention 136

Introduction 137

Stop and Frisk 138

Issue and Origin 138

The Leading Case in Stop and Frisk:

Terry v. Ohio 138

The Guidelines 139

CASE BRIEF: Terry v. Ohio (1968) 140

The Need for Reasonable Suspicion 141

Stop and Frisk: Two Separate Acts, Not One

Continuous Act 142

The Stop 142

CASE BRIEF: Hiibel v. Sixth Judicial District Court

of Nevada (2004) 150

The Frisk 153

The Distinctions between Stop and Frisk and

Arrest 158

Other Applications of Stop and Frisk 159

Application to Motor Vehicles 159

Application to Weapons in a Car 160

Application to Residences 160

Stationhouse Detention 160

For Fingerprinting 161

For Interrogation 161

Summary 162

Review Questions and Hypothetical Cases 162

Key Terms 163

Holdings of Key Cases 163

You Be the Judge 165

Recommended Readings 167

Notes 167

Chapter 6 Arrests, Use of Force, and

Responses to Terrorism 168

Introduction 170

The Broad Picture: Seizures of Persons 171

Seizure and the Fourth Amendment 171

Arrest: Just One Form of Seizure 171

The Top Ten Degrees of Intrusiveness in Searches

and Seizures of Persons 172

The Appropriate Test for Determining

Seizure 173

Arrest Defined 174

Forced Detention and Arrest 175

The Length of Detention and Arrest 175

The Elements of an Arrest 175

Seizure and Detention 176

The Intention to Arrest 177

Arrest Authority 177

Understanding by the Arrestee 178

Arrests with a Warrant 178

When a Warrant Is Needed 178

The Issuance of a Warrant 180

CASE BRIEF: Payton v. New York (1980) 181

The Contents of a Warrant 183

The Service of a Warrant 183

The Time of the Arrest 184

The Possession and Expiration of

a Warrant 184

Legal Authorization Other than

an Arrest Warrant 184

Arrests without a Warrant 184

Felonies Committed in the Presence of

Officers 185

Misdemeanors Committed in the Presence

of Officers 185

Crimes Committed in Public Places 185

When Exigent (Emergency) Circumstances

Are Present 186

When There Is Danger to the Arresting

Officer 186

What the Police May Do after an Arrest 187

Search the Arrestee 187

Search the Area of Immediate

Control 187

Search the Motor Vehicle Even If the Initial

Contact and Arrest of the Driver Took Place

Outside the Vehicle 188

Search the Passenger Compartment of a Motor

Vehicle 189

Use Handcuffs Subject to Departmental

Policy 189

Monitor the Movement of the Arrestee 189

Search the Arrestee at the Place of

Detention 190

What the Police Cannot Do during an Arrest 190

Enter Third-Party Residences, Except in Exigent

Circumstances 190

Strip or Cavity Search an Arrestee Unless Justified

by Reasonable Suspicion 191

Conduct a Warrantless Protective Sweep Unless

Justified 191

Invite the Media to “Ride Along” 192

The Announcement Requirement 192

The General Rule: Knock and Announce

Required 193

The Exceptions and Other Rules 194

Other Arrest Issues 195

Detaining a Suspect While Obtaining

a Warrant 196

Arrests for Traffic Violations or Petty

Offenses 196

Arrests for Offenses Not Punishable by Prison or

Jail Time 196

CASE BRIEF: Atwater v. City of Lago Vista

(2001) 198

The Validity of a Citizen’s Arrest 199

The Disposition of Prisoners after Arrest 200

Booking 200

The First Appearance before a Magistrate 202

Bail 203

The Use of Force during an Arrest 204

The Factors Governing Police Use of

Force 204

Nondeadly and Deadly Force

Distinguished 204

The Rule on the Use of Nondeadly Force 205

The Rule on the Use of Deadly Force 206

Responses to Terrorism 207

The USA Patriot Act of 2001 207

The USA Patriot Act of 2006 208

The Law Creating the Department of Homeland

Security 209

The INS Special Registration Program for

Foreigners 210

Legal Issues Arising from Responses to

Terrorism 211

Prospects 213

Summary 214

Review Questions and Hypothetical Cases 214

Key Terms 215

Holdings of Key Cases 215

You Be the Judge 218

Recommended Readings 219

Notes 220

x C ONTENTS

Part 4 Searches and Seizures of Property

Chapter 7 Searches and Seizures of Things

and Electronic Surveillance 221

Introduction 222

Searches and Seizures and the Right to

Privacy 223

The Right to Privacy: A Constitutional

Right? 223

The Meaning of “Reasonable Expectation of

Privacy” 224

Definitions and General Rule 225

Search Defined 225

Seizure Defined 225

The General Rule for Searches and

Seizures 226

Things Subject to Search and Seizure 226

Search and Seizure with a Warrant 226

Requirements 227

The Procedure for Serving a Warrant 233

The Announcement Requirement 234

The Scope of Search and Seizure 235

The Time Allowed for a Search 236

The Procedure after the Search 236

Comparison of Search Warrants and Arrest

Warrants 236

Search and Seizure without a Warrant 237

The Searches Incident to Lawful Arrest

Exception 237

The Searches with Consent Exception 239

CASE BRIEF: Chimel v. California (1969) 240

The Special Needs beyond Law Enforcement

Exception 242

The Exigent (Emergency) Circumstances

Exception 248

The Administrative Searches and Inspections

Exception 250

Specific Search and Seizure Issues 253

Searches and Seizures of Students 253

Squeezing Luggage in a Bus 254

The Temporary Restraint of a Suspect 255

Searches and Seizures by Private

Persons 255

Searches by Off-Duty Officers 256

The Use of Police Dogs for Detection of

Drugs 256

Surgery to Remove a Bullet from

a Suspect 256

Issues in Searches and Seizures

and Technology 257

Evolving Concepts in Electronic

Surveillance 257

CASE BRIEF: Katz v. United States (1967) 260

Three Federal Laws Governing Electronic

Surveillance 261

Searches and Seizures of Computers 266

Electronic Devices that Do Not Intercept

Communication 268

Summary 270

Review Questions and Hypothetical Cases 270

Key Terms 271

Holdings of Key Cases 271

You Be the Judge 276

Recommended Readings 278

Notes 279

Chapter 8 Motor Vehicle Stops, Searches,

and Inventories 280

Introduction 281

Vehicle Stops 282

The General Rule for Stops: Reasonable Suspicion

of Criminal Activity Required 283

Roadblocks: An Exception to the “Reasonable

Suspicion” Requirement 284

What an Officer May Do after a Vehicle

Stop 287

Traffic Stops as Pretexts for Vehicle

Searches 293

Vehicle Stops Based on Racial Profiles

Alone 294

Consensual Searches and the Freedom to

Leave 296

Arrest for a Minor (Nonjailable) Traffic

Offense 296

The Arrests of Passengers in a Vehicle 297

Vehicle Searches 298

The Earliest Case on Vehicle Searches and

Warrants: Carroll v. United States 298

CASE BRIEF: Carroll v. United States (1925) 299

Warrantless Vehicle Searches 300

Automatic Searches during the Issuance of Traffic

Citations 301

Searches of Passenger Compartments 302

Searches of the Passenger Compartment after a

Lawful Arrest When the Suspect Was Not in

the Vehicle When Arrested 303

Warrantless Searches of Trunks and Closed

Packages Found in Trunks 303

CASE BRIEF: United States v. Ross (1982) 304

Searches of Locked Trunks or Glove

Compartments 305

Dog Sniffs after a Traffic Stop 306

Searches that Are Not Contemporaneous 306

Warrantless Searches When There Is Time to

Obtain a Warrant 306

The Extent of Car Searches and the Objective

Reasonableness Rule 307

Warrantless Searches of Containers in a Car 308

Seizures of Vehicles Found in Public Places 309

Searches of Motor Homes without

a Warrant 310

The Use of Beepers to Detect Cars 310

Immigration and Border Searches of Vehicles 312

Other Valid Car Searches 313

Vehicle Inventory Searches 313

Warrantless Vehicle Inventory Searches

Immediately after an Arrest 313

Warrantless Inventory Searches of Vehicles

Impounded by Police 314

The Importance of State Laws and Departmental

Policies 316

Summary 316

Review Questions and Hypothetical Cases 317

Key Terms 318

Holdings of Key Cases 318

You Be the Judge 322

Recommended Readings 323

Notes 324

Chapter 9 Searches and Seizures Not Fully

Protected by the Fourth

Amendment: Plain View, Open

Fields, Abandonment, and Border

Searches 325

Introduction 326

The Plain View Doctrine 327

Plain View Defined 327

Requirements of the Plain View Doctrine 328

Situations in which the Plain View Doctrine

Applies 330

Plain View: One of Many Justifications for

Admission of Evidence in Court 330

Inadvertence No Longer Required: Horton v.

California 331

CASE BRIEF: Horton v. California (1990) 332

Plain View and Open Spaces 333

C ONTENTS xi

Plain View and Motor Vehicles 334

Plain View and the Use of Mechanical

Devices 334

Comparison between Plain View and

Open View 335

Comparison between Plain View and Plain

Touch 335

Comparison between Plain View and Plain

Odor 336

The Open Fields Doctrine 336

The Open Fields Doctrine Defined 336

Areas Not Included in Open Fields 337

Curtilage 337

Open Fields Despite a Locked Gate and a “No

Trespassing” Sign: Oliver v. United States 340

Open Fields and the Use of Sense-Enhancement

Technology 341

CASE BRIEF: Oliver v. United States (1984) 342

Open Fields and the Use of Electronic Beepers:

The Knotts and Karo Cases 343

Comparison between Open Fields and Plain

View 344

Abandonment 344

Abandonment Defined 344

Factors that Determine When Items Are

Considered Abandoned 345

Abandonment of Motor Vehicles 346

Police Actions and Abandonment 347

Comparison between Abandonment and Plain

View 347

Border Searches 348

Fourth Amendment Rules Applied Differently

in Immigration and Border Searches 348

Roving Patrols Searching Vehicles Away from the

Border 349

Stopping Vehicles at Fixed Checkpoints 350

Disassembling the Gas Tank of a Motor

Vehicle 350

The Forced Temporary Detention of Aliens

Believed to Be Illegal 351

Factory Surveys of Aliens 351

The Detention of Alimentary Canal

Smugglers 352

Summary of Case Law for Border Stops and

Searches 352

Summary 352

Review Questions and Hypothetical Cases 353

Key Terms 354

Holdings of Key Cases 354

You Be the Judge 356

Recommended Readings 357

Notes 358

xii C ONTENTS

Part 5 Identifications, Confessions, and Admissions

Chapter 10 Lineups and Other Means of

Pretrial Identification 359

Introduction 360

Lineups 361

The Right to Counsel during Lineups 361

CASE BRIEF: Kirby v. Illinois (1972) 363

CASE BRIEF: United States v. Wade

(1967) 366

The Right to Due Process Applies 368

No Right against Unreasonable Searches and

Seizures 369

No Right against Self-Incrimination 370

Showups 371

The Right to Counsel during Showups 371

The Right to Due Process Applies 372

No Right against Unreasonable Searches and

Seizures 373

No Right against Self-Incrimination 374

Photographic Identifications 374

No Right to Counsel 374

The Right to Due Process Applies 374

No Right against Unreasonable Searches and

Seizures 376

No Right against Self-Incrimination 376

Problems with Eyewitness Identification 376

“Hopelessly Unreliable?” 377

No Prescribed Guidelines 377

Eyewitness Identification Guidelines from the U.S.

Department of Justice 378

For Lineups 378

For Showups 380

For Photographic Identifications 380

Other Means of Identifying Suspects 381

DNA Testing: Results Admissible into

Evidence 381

Polygraph Examinations: Results Not

Admissible 386

Breathalyzer™ Tests: Results Admissible 388

Handwriting Samples: Results Admissible 389

Hair Samples: Results Admissible 390

Brain Fingerprinting: Too Early to Tell 391

Summary 391

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