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Summary of Contents
The Scope of the Criminal Justice System
The Key Constitutional Language
What Is a Search? Some Specifics
What Is a Search?: More Specifics
What Is a Search?: Wrapping Up
Probable Cause and Reasonable Suspicion
The Phenomenon of “Driving While Black” or “Driving While Brown”
The Warrant Requirement: Exceptions (Part 2)
Warrant Exception: Searches Incident to a Lawful Arrest
The Warrant Requirement: Exceptions (Part 3)
Waiving the Warrant Requirement: Consent
The Authority of Co-Occupants and Co-Owners to Consent to Searches
The Warrant Requirement: Exceptions (Part 4)
Warrant Exception: Exigent Circumstances
Exigent Circumstances: Hot Pursuit
Exigent Circumstances: Public Safety
Exigent Circumstances: Preserving Evidence from Destruction
The Warrant Requirement: Exceptions (Part 5)
Exigent Circumstance: Drunk Driving
The Warrant Requirement: Exceptions (Part 6)
Warrant Exception: Ports of Entry
The Functional Border and Extended Border
Electronic Devices at or Near the Border
Treatment of Refugees, Asylum Seekers, and Other Migrants
The Warrant Requirement: Exceptions (Part 7)
Warrant Exception: Checkpoints
Warrant Exception: Protective Sweeps
The Warrant Requirement: Exceptions (Part 8)
Warrant Exception: Searches of Students & Public Employees
The Warrant Requirement: Exceptions (Part 9)
Drug Testing of Public Employees
Drug Testing of Public School Students
Drug Testing of Public Hospital Patients
The Warrant Requirement: Exceptions (Part 10)
Warrant Exception: Searches of Persons in Jails and Prisons
Warrant Exception: Searches of Probationers and Parolees
Warrant Exception: Inventory Searches
Warrant Exception: Administrative Searches
Reasonable Suspicion Based on Tips
Fourth Amendment Flowchart Exercise
Due Process and the Voluntariness Requirement
How Well Must Officers Administer the Miranda Warnings?
The Endurance of Miranda in the Face of Criticism
The Miranda Rule: What Is Custody?
The Practical Consequences of the Miranda Rule
The Miranda Rule: What Is Interrogation?
The Miranda Rule: Waiver of Rights
What Counts as an Unambiguous Invocation of Miranda Rights?
The Miranda Rule: Effect of Invocations of Rights
Invocation of the Right to Silence
Invocation of the Right to Counsel
The Sixth Amendment: The Massiah Doctrine
Double Jeopardy and the “Offense-Specific” Sixth Amendment
When Has the Right to Counsel Attached?
The Sixth Amendment: Massiah Doctrine & Waiver of Rights
Waiver of Rights under the Assistance of Counsel Clause
Interrogation Flowchart Exercise
Introduction to the Exclusionary Rule
When Does the Exclusionary Rule Apply?
Exclusionary Rule: Standing and Exceptions
Who Can Invoke the Exclusionary Rule?
Exceptions to the Exclusionary Rule
Exclusionary Rule: Application to the Miranda Rule
The Basics of Suppression Hearings and Money Damages
The Basics of Suppression Hearings
An Introduction to the Availability of Monetary Damages
Introduction to the Right to Counsel and Ineffective Assistance
Ineffective Assistance of Counsel
Self-Representation and More on Ineffective Assistance
Self-Representation by Criminal Defendants
Identifications and the Right to Counsel
Identifications and Due Process
Best Practices and Modern State Court Approaches