Book
Our Constitutional Constraints: Policing
(2022)
Abstract
Suitable for the American law school classroom or self-study, this book is about the police—what they can and cannot do in the investigation of crime. There are many sources of such rules, from constitutions to laws to internal regulations to officer norms, but this teaches only the top of that pyramid: the restrictions of the United States Constitution. In particular, it examines the Fourth Amendment’s protection against unreasonable search and seizure, some of the Fifth Amendment’s guarantee of due process and privilege against compulsory self-incrimination, and a bit about the Sixth Amendment’s right to counsel. Together, this is much of the constitutional law that prevents our living in a police state: anti-accuracy norms enshrined in our Constitution to protect our liberty, our humanity, and our dignity.
This book is therefore also about the people—We the People—and what rights we can expect, and what rights we should expect, as against those who are (or should be) seeking to keep us safe.
Keywords
- criminal procedure,
- investigation,
- bill of rights,
- policing,
- fourth amendment,
- fifth amendment,
- sixth amendment,
- search,
- seizure,
- confessions,
- miranda,
- right to counsel
Disciplines
Publication Date
2022
Citation Information
Stephen E Henderson. Our Constitutional Constraints: Policing. (2022) Available at: http://works.bepress.com/stephen_henderson/59/