The Law Officer's Pocket Manual is a handy, pocket-sized, spiral-bound manual that highlights basic legal rules for quick reference and offers examples showing how those rules are applied. The manual provides concise guidance based on U.S. Supreme Court rulings on constitutional law issues and other legal developments, covering arrest, search, surveillance, and other routine as well as sensitive areas of law enforcement. It includes more than 100 examples drawn from leading cases to provide guidance on how to act in a wide variety of situations.
Some new material in the 2022 Edition:
In a unanimous ruling, the U.S. Supreme Court curbed warrantless home entries. The court said that police can't automatically pursue fleeing misdemeanor suspects into a residence without a warrant. Whether exigent circumstances exist depends on the particular facts of each case.
In another case, the high court ruled that when a police officer applies force to a suspect's body with intent to restrain, this is a seizure under the Fourth Amendment.
The Supreme Court, in a unanimous ruling, bolstered home protections. It ruled that the community caretaking exception to the Fourth Amendment's warrant requirement doesn't extend to the home.
The U.S. Supreme Court, in a unanimous decision, untangled some jurisdictional issues involving Native American, state, and federal enforcement officials. The court bolstered the authority of tribal police over non-American Indians traveling on public roads through reservations.
In a pair of cases, the Court reinforced the court-made doctrine of qualified immunity. In both cases the high court said the law was not so "clearly established" as to allow litigation against the officers to move forward.
In a civil rights case, the court sent the case back to the circuit court to determine if the suit can move forward.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 152 mm
Breite: 101 mm
Gewicht
ISBN-13
978-1-032-22206-6 (9781032222066)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
John G. Miles Jr. was legal editor, consultant, and guest lecturer in police training programs sponsored by the U.S. Park Police and other law enforcement agencies. He was a graduate of the Catholic University School of Law and received a degree in political science from the University of California at Berkeley. He belonged to the D.C. Bar and the American Bar Association.
David B. Richardson was managing editor of the U.S. Law Week, and an instructor in police training programs at American University. He is a graduate of Dartmouth College and the Columbia University School of Law, and was admitted to the bar in the District of Columbia and the state of Minnesota.
I. PURPOSE AND USE OF THIS MANUAL 1:1
II. THE POLICE-CITIZEN ENCOUNTER 2:1
A. Police Activities That Require No Evidence of Wrongdoing 2:2
1. Routine Patrol 2:2
2. The Consensual Encounter 2:2
3. Community Caretaking Activities 2:4
4. Roadblock or Checkpoint Vehicle Stops 2:4
5. Canine Sniffs 2:7
B. Investigative Detention 2:8
1. What You Need to Make an Investigative Detention - Reasonable Suspicion 2:8
a. Personal Observation and Information Known to Other Officers 2:9
b. Tips from Informers 2:10
c. Pretext Stops 2:11
2. Conduct During Detention 2:11
a. The Terry Stop 2:12
b. The Terry Frisk 2:15
c. Plain Touch Seizures 2:16
d. Additional Officer Security Measures 2:18
3. Detention During Execution of a Warrant 2:19
4. Motor Vehicle Stops 2:21
a. Occupants of Vehicles 2:21
b. Duration of Motor Vehicle Stop 2:22
c. Luggage in Vehicles 2:23
5. Pursuit 2:24
6. High Speed Chases 2:25
III. IDENTIFICATIONS 3:1
A. In-Person Identifications 3:1
1. Right to Have Counsel Present 3:1
2. On-the-Scene Showups 3:2
3. Immediate Identification Demanded by a Suspect 3:3
4. Identification by Witness Without Police Participation 3:3
B. Photograph Identification 3:3
IV. ARREST 4:1
A. When an Arrest Takes Place 4:1
B. What You Need to Arrest-Probable Cause 4:2
1. Official Reports 4:4
2. Crime Victims or Witnesses 4:5
3. Reports From "Good Citizen" Informers 4:6
4. Anonymous, Paid, or Habitual Government Informers 4:6
5. Automobiles 4:9
6. Canine Sniffs 4:9
7. Defendant's Reputation or Past Record 4:10
C. Misdemeanor Arrests 4:10
D. Use of Force to Make an Arrest 4:10
E. When You Should Get an Arrest Warrant 4:11
F. When You Don't Need an Arrest Warrant 4:14
G. Constitutional Requirements of an Arrest Warrant 4:15
H. Requirements for Execution of an Arrest Warrant 4:17
I. Foreign Nationals 4:20
V. SEARCH INCIDENT TO ARREST 5:1
A. Automobile Searches 5:2
B. Time and Place 5:5
C. Plain View 5:7
D. "Sweep" of Premises Where Arrest Has Been Made 5:8
E. More Intrusive Searches 5:9
F. Obtaining Physical Evidence from the Body of a Suspect Under Arrest 5:10
G. Obtaining Physical Evidence from the Body of a Suspect Not Under Arrest 5:12
VI. INTERROGATION 6:1
A. When Warnings Should Be Given 6:2
1. "In Custody" 6:2
2. "Interrogation" 6:5
B. When Warnings Are Not Necessary 6:6
C. Miranda Warnings 6:10
D. When to Repeat the Warnings 6:12
E. Interrogating Juveniles 6:13
F. The Suspect's Answer 6:13
G. Questioning 6:22
H. Belated Warnings 6:24
I. Exceptions to Miranda's Exclusionary Rule 6:25
J. Dealing with a Formally Charged Suspect 6:26
VII. SEARCH AND SEIZURE 7:1
A. Search Without a Warrant 7:3
1. Search Incident to Arrest 7:3
2. Automobile Searches 7:4
3. Emergencies and Exigent Circumstances 7:7
4. Hot Pursuit 7:9
5. Consent 7:10
6. Administrative Searches 7:16
7. Probation and Parole Searches 7:16
B. "Searches" That Aren't Really Searches 7:17
1. Abandoned Property 7:17
2. Open Fields 7:18
3. Aerial Surveillance 7:19
4. Public Places, "Open View" 7:20
5. "Plain View" 7:20
6. "Plain Touch" 7:21
7. Private Searches 7:22
8. Chemical Field Tests and Blood Alcohol Tests 7:23
9. Canine Sniffs 7:24
C. Search with Warrant 7:24
1. Probable Cause 7:24
2. Constitutional Requirements for Search Warrants 7:25
a. Particularity of Description 7:26
b. Anticipatory Search Warrants 7:27
c. Computers and Other Special Cases 7:28
d. Prompt Execution of Warrant 7:29
e. Unannounced Execution of Warrant 7:29
f. Damaging Property 7:30
g. Items Not Mentioned in Warrant 7:31
h. Mistake 7:31
3. Oral Applications for Search Warrants 7:32
4. Media Presence 7:34
D. Automobile Inventories 7:34
E. Inventories of Arrestees 7:35
F. Administrative Search Warrants 7:36
G. Computers and Other Electronic Devices 7:38
1. Warrantless Searches and Seizures 7:39
2. Getting a Warrant 7:41
3. Seizing Electronic Devices 7:41
4. Searching Electronic Devices 7:42
H. The Exclusionary Rule 7:43
VIII. SURVEILLANCE AND PRESERVATION OF EVIDENCE 8:1
Part I. Surveillance 8:1
A. Police Surveillance Without Electronic Devices 8:1
B. Electronic Surveillance of Communications 8:4
C. Electronic Devices That Do Not Intercept Communications 8:6
1. Pen Registers 8:6
2. Tracking Devices 8:6
3. Heat-Sensing Devices 8:8
Part II. Preservation of Evidence 8:8
IX. ENTRAPMENT 9:1
X. DISABLED PERSONS 10:1
A. Assessing the Condition of Persons Who Are Not Fully Conscious or Able to Communicate 10:1
B. Arresting Persons with Disabilities 10:2
C. Communicating with Disabled Persons 10:3
XI. CASE REFERENCES 11:1
