Test Bank (Downloadable Product) for Criminal Procedure 4th Edition By Matthew Lippman, ISBN: 9781544334752


Downlaodable Instructor Test Bank for Criminal Procedure 4th Edition Lippman



Test Bank for Criminal Procedure 4th Edition Lippman

Downlaodable Instructor Test Bank for Criminal Procedure 4th Edition By Matthew Lippman, ISBN: 9781544334752

Table of Content

1. An Introduction to Criminal Procedure


Criminal Law and Criminal Procedure

Balancing Security and Rights

The Objectives of Criminal Procedure

The Criminal Justice Process

Sources of the Law of Criminal Procedure

The Structure of the Federal and State Court Systems


Judicial Philosophy

Law in Action and Law on the Books

2. The Sources of Criminal Procedure


The Sources of Criminal Procedure

The U.S. Constitution

The U.S. Supreme Court

State Constitutions and Court Decisions

Federal and State Statutes

Rules of Criminal Procedure

A Model Code of Pretrial Procedure

The Development of Due Process

The Fourteenth Amendment

Fundamental Fairness

Total Incorporation

Selective Incorporation

Equal Protection

The Impact of Supreme Court Decisions

Two Models of Criminal Procedure

Why Criminal Procedure Matters

3. Searches and Seizures


The Historical Background of the Fourth Amendment


Informants and Electronic Eavesdropping

Plain View

Expectation of Privacy

Open Fields and Curtilage

Curtilage and Aerial Surveillance

Public Places and Private Businesses

Abandoned Property

Technology and the Home

Technology and Cell-Site Location Information

Seizures of Persons

4. Stop and Frisk


Reasonable Suspicion

Informants and Hearsay

Drug Courier Profiles

Race and Reasonable Suspicion

The Scope and Duration of a Terry Stop


5. Probable Cause and Arrests



Probable Cause

Reasonableness and Arrests

Probable Cause, Warrants, and the Courts

Arrests and Warrants

Arrests in the Home

Exigent Circumstances

Deadly Force and Arrests

Nondeadly Force

Misdemeanor Arrests and Citations

6. Searches and Seizures of Property


Search Warrants

Knock and Announce

Warrantless Searches

Searches Incident to an Arrest

Searches Incident to an Arrest and the Contemporaneous Requirement

Searches of the Area of Immediate Control and Automobiles

Misdemeanors and Searches Incident to an Arrest

Pretext Arrests and Searches Incident to an Arrest

Consent Searches

The Scope of a Consent Search

Withdrawal of Consent

Third-Party Consent

Probable Cause Searches of Motor Vehicles

Probable Cause Searches of Containers in Automobiles

Other Warrantless Searches


7. Inspections and Regulatory Searches


Administrative Inspections

Special-Needs Searches

International Borders

Motor Vehicle Checkpoints

Airport Screening

Workplace Drug Testing

Searches in High Schools

Probation and Parole

Correctional Institutions

8. Interrogations and Confessions


Due Process

The McNabb–Mallory Rule

Escobedo v. Illinois

The Right Against Self-Incrimination

Custodial Interrogation

The Public Safety Exception

The Miranda Warnings

Invoking the Miranda Rights


Waiver: Question First and Warn Later

Waiver Following Invocation of the Miranda Rights


Sixth Amendment Right to Counsel: Police Interrogations

9. Eyewitness and Scientific Identifications


Wrongful Convictions and Eyewitness Identification

The Sixth Amendment and Eyewitness Identifications

The Sixth Amendment and Prearraignment Identifications

The Sixth Amendment and Photographic Displays

The Due Process Test

Suggestiveness, Reliability, and the Totality of the Circumstances

The Requirement of Police Involvement

Scientific Identification

DNA Evidence

Polygraph Evidence

10. The Exclusionary Rule and Entrapment


The Exclusionary Rule

Debating the Exclusionary Rule

Invoking the Exclusionary Rule

Exceptions to the Exclusionary Rule

Does the Exclusionary Rule Deter Unreasonable Searches and Seizures?


11. Civil and Criminal Remedies for Constitutional Violations


Civil Remedies

Section 1983 Legal Actions Against Local and State Law Enforcement Officers

Violation of Federal Constitutional and Statutory Rights

Individual Liability Under Section 1983

Absolute and Qualified Immunity

The Affirmative Duty to Protect

The Liability of Local Government Entities Under Section 1983


Pattern or Practice of the Deprivation of Constitutional Rights

State Tort Remedies Against Law Enforcement Officers

Remedies for Constitutional Violations by Federal Law Enforcement Officers

Criminal Prosecutions

Administrative Remedies

Internal Affairs

External Review

12. The Initiation of the Legal Process, Bail, and the Right to Counsel


The Prosecutorial Discretion to Charge

Pretrial Release

Pretrial Detention

Indigency and the Right to Counsel

Right to Counsel and Critical Stages of Prosecution

The Meaning of “All Criminal Prosecutions”

Determining Indigency

The Right to Select an Appointed Counsel

The Right to Effective Legal Representation

The Right to Self-Representation

13. The Courtroom: The Pretrial and Trial Process


Preliminary Hearing

Grand Jury


Pretrial Motions

Constitutional Right to a Jury Trial

The Twelve-Member Jury Requirement

Jury Selection

Peremptory Challenges

Challenges to Judges

Public Trial

The Trial

Opening Statement

Presentation of Evidence




Compulsory Process

Burden of Proof

Reasonable Doubt

Closing Arguments

Jury Instructions

Jury Deliberations

Jury Unanimity

Jury Nullification

Guilty Pleas

14. Sentencing and Appeals


A Brief History of Sentencing in the United States

Criminal Punishment

Purposes of Punishment

Types of Punishment

Approaches to Sentencing

The Judicial Sentencing Process

Sentencing Guidelines

Determinate Sentences

Cruel and Unusual Punishment

Methods of Punishment

Capital Punishment

The Eighth Amendment and Sentences for a Term of Years

The Eighth Amendment and Life Imprisonment for Juveniles

Equal Protection

Criminal Appeals

Habeas Corpus

15. Counterterrorism


Electronic Surveillance

Sneak-and-Peek Searches

Information and Records

Detention of Noncitizens

Material Witness Warrants

Monitoring of Attorney–Client Communications

Watch List

State Secrets Doctrine



Military Commissions and Combat Status Review Tribunals

Case Index
Subject Index
About the Author