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In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.
Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.
Illinois Criminal Trial Evidence is intended to assist the work of trial and appellate lawyers and judges. Illinois rules of evidence find their origins in various sources: English common law, American common law, constitutional law, Illinois statutory law, and Illinois Supreme Court rules. Illinois courts begin to selectively adopt some of the federal rules of evidence. Because Illinois is not yet an evidence code jurisdiction, it becomes more and more difficult for lawyers and judges to become thoroughly familiar with the state's rules of evidence. This book identifies those rules of evidence that are applicable to a criminal trial, explains the rules, and offers constructive criticism whenever necessary. This text also provides a table of cases used as reference on the topics discussed for each chapter. This text serves as a law school textbook or as a supplement to other law school trial and evidence publications.