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Criminal Procedure

Criminal Procedure

Fourth Edition

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.


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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