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Criminal Procedure
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Mô tả chi tiết
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
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Text Designer: Cheryl Carrington
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Cover Designer: Bill Stanton
Cover Images: Left: Thinkstock/SuperStock;
right: Bob Daemmrich/The Image Works
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Text and Cover Printer: West Group
© 2007 Thomson Wadsworth, a part of The Thomson Corporation.
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Library of Congress Control Number: 2006924109
ISBN 0-495-00600-9
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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 having 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
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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