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Cases and Problems in Criminal Procedure: The Police, Fifth Edition, 2010

Cases and Problems in Criminal Procedure: The Police, Fifth Edition, 2010

Myron Moskovitz, Professor of Law, Golden Gate University School of Law.


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    This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer.

    At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases.

    This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically.

    This casebook is supplemented annually, and a Teacher's Manual is available to professors.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

    An annual online supplement for this book is available for complimentary download from the Law School Portal.

    Introduction

    Part I. SEARCHES & SEIZURES
    Chapter 1: Probable Cause
    Chapter 2: The Exclusionary Rule
    Chapter 3: What is a "Search"?
    Chapter 4: Search Incident to Valid Arrest
    Chapter 5: Stop and Frisk
    Chapter 6: Search of the Home
    Chapter 7: Search of Cars, Containers, and Objects
    Chapter 8: Consent Searches
    Chapter 9: Regulatory Searches

    Part II: INTERROGATION
    Chapter 10: Miranda
    Chapter 11: Miranda - The Warnings
    Chapter 12: Miranda - The Waiver
    Chapter 13: "Due Process" Limitations on Interrogation

    Part III: LINE-UPS
    Chapter 14: Line-Ups
    Chapter 15: Standing
    Chapter 16: Fruit of the Poisonous Tree

     

    Moskovitz, Myron


    Myron Moskovitz is a Professor of Law at Golden Gate University School of Law in San Francisco. Professor Moskovitz specializes in landlord-tenant law (with an emphasis on tenants' rights), criminal law, and appellate practice. As an editorial consultant for California Real Estate Law & Practice, he has reviewed manuscript and prepared Practice Tips reflecting his expertise for severallandlord-tenant chapters. He is a former Chief Attorney for the National Housing Law Project (1968-1972), directing attorney of the Marysville Office of California Rural Legal Assistance (1966-1967), and law clerk to Justice Ray Peters of the California Supreme Court (1965). He is a graduate of Boalt Hall. Prof. Moskovitz also teaches MCLE courses and has written numerous articles on appellate practice, landlord/tenant law, and criminal law.

     

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