Criminal procedure : constitutional constraints upon investigation and proof / James J. Tomkovicz and Welsh S. White

Includes bibliographical references and index.

The 'threshold' of the fourth amendment right to be secure against searches -- Unreasonableness and the probable cause requirement -- Unreasonableness and the warrant requirement -- Reasonable searches without warrants : the nature and scope of the exceptions to the warrant requirement -- The balancing approach to Fourth Amendment reasonableness -- Entrapment and related defenses -- Due process of law and confessions -- The privilege against self-incrimination and confessions -- The right to assistance of counsel at trial -- Confessions and the right to assistance of counsel -- Identifications and the right to assistance of counsel -- The due process clause and identifications -- The sources of and rationales for the exclusionary rules -- The scope of and exceptions to the exclusionary rules.

Criminal Procedure: Constitutional Constraints Upon Investigation and Proof is designed for use in an introductory Criminal Procedure course that focuses entirely on issues raised by pretrial law enforcement investigatory practices. This pragmatic and flexible casebook covers searches and seizures, entrapment, confessions, identification procedures, and the exclusionary rules. The new Seventh Edition follows the same basic organizational structure and subject matter coverage as the prior edition (2008). The textual material at the beginning of each chapter and between main opinions is limited. And, a considerable number of problems, based on actual federal and state cases, are incorporated throughout the book. The problems both inform students of the sorts of issues currently being contested in the courts and provide them with opportunities to test their knowledge of the doctrines and principles by applying them to concrete situations. Finally, because some of the problems are cumulative, including issues covered in previous sections, they provide exercises for developing exam-taking skills. The cases presented in Criminal Procedure: Constitutional Constraints Upon Investigation and Proof are limited to those decided by the United States Supreme Court. The core objective has been to present a sufficient number of cases to enable students to gain an appreciation of the richness and complexity of the issues pertaining to each topic. Accordingly, some topics are the subject of several decisions that explore a variety of related issues. As with prior editions, however, there has been no attempt to cover every significant question or to present every Supreme Court decision relating to the topics addressed. The Seventh Edition includes edited versions of the Supreme Court's opinions in four cases decided since the last edition was published in 2008. It also includes substantial notes that capture the essence of other significant rulings in the past several years. In addition, a significant number of new problems, based on actual lower court opinions, have been incorporated throughout the book. Instructors will find intriguing new fact situations that raise novel, cutting-edge constitutional issues.