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Criminal Procedure

Criminal Procedure

Fourth Edition
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Other Titles in:
Criminal Justice | Criminal Law

December 2018 | 704 pages | SAGE Publications, Inc

This contemporary, comprehensive, case-driven textbook from award-winning professor Matthew Lippman combines clear explanations of foundational concepts with thought-provoking examples to encourage students to think critically about legal principles and apply the rules of law to criminal procedure. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts.


New to This Edition

  • New U.S. Supreme Court cases help students understand the significant impact the recent decisions have on society, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus. 

  • Updated Criminal Procedure in the News and You Decide features keep students engaged in the content by connecting core concepts to contemporary developments in topics ranging from police use of deadly force, the Second Amendment and gun control, racial bias in jury deliberations, searches of electronic devices, and much more.  

  • New and expanded topics in criminal procedure encourage students to reflect on their growing impact. These topics include technology and the home, patterns and trends of Terry stops in major cities across the United States, racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and more.

  • Each chapter now opens with a new Test Your Knowledge feature that encourages active reading and prepares students for the material that follows.


Give your students the SAGE edge!
SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at

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


Instructor Resource Site

SAGE edge for instructors supports your teaching by making it easy to integrate quality content and create a rich learning environment for students with:

  • a password-protected site for complete and protected access to all text-specific instructor resources; 
  • test banks that provide a diverse range of ready-to-use options that save you time. You can also easily edit any question and/or insert your own personalized questions;
  • editable, chapter-specific PowerPoint® slides that offer complete flexibility for creating a multimedia presentation for your course;
  • lecture notes that summarize key concepts by chapter to help you prepare for lectures and class discussions;
  • sample course syllabi for semester and quarter courses that provide suggested models for structuring your courses;
  • exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
  • multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life;
  • web resources that are included for further research and insights;
  • answers to “You Decide” boxes and cases within the text;
  • additional "You Decide" cases to assign or use in-class;
  • additional edited cases;
  • an appendix on reading and briefing cases; and
  • tables and figures from the printed book that are available in an easily downloadable format for use in papers, handouts, and presentations.
Student Study Site

SAGE edge for students enhances learning, is easy to use, and offers:

  • an open-access site that makes it easy for students to maximize their study time, anywhere, anytime;
  •  eFlashcards that strengthen understanding of key terms and concepts;
  • quizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention;
  • exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
  • multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life; and
  • web resources that are included for further research and insights.

“This text is an excellent resource for an undergraduate introduction to criminal procedure. It is written at the appropriate level for undergraduates and it covers all the relevant material. It is well written, well organized, and accessible.”

Robert B. Rocklin
University of Oregon School of Law

“An extremely comprehensive and easy to read text covering the broad topic of criminal procedure. Starting with a good foundation, the text turns to specific areas including search and seizure, arrest, interrogations and confessions, the exclusionary rule, remedies for constitutional violations, and the timeline for criminal cases from arrest through appeal.”

Michael B. Shapiro, J.D.
Georgia State University

“This textbook is a comprehensive primer on criminal procedure that engages students with a variety of reading materials and exercises.”

Jennifer C. Noble
California State University, Sacramento

“A good introductory text on criminal procedure that offers fresh and new cases and perspectives that would be of interest to students. Comprehensive and cohesive, [with] easy-to-follow chapters.”

Dr. Jamie Roberts
Rasmussen College

“A very comprehensive book; very easy to read and comprehend for both the instructor and the students. It is current in its themes, and it attracts students to want to read it as opposed to feeling intimidated.”

Ebonie Byndon
Wayne State University

For instructors

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