Police Courtroom Testimony: Fourth Amendment Intrusions on Persons & Things & Fifth Amendment Confessions

66 Pages Posted: 12 Mar 2010 Last revised: 12 Jul 2010

Byron L. Warnken

University of Baltimore School of Law

Date Written: March 10, 2010

Abstract

This 66-page CLE (continuing legal education) brochure is titled “Police Courtroom Testimony: Fourth Amendment Intrusions on Persons & Things & Fifth Amendment Confessions.” It was most recently presented to the Baltimore County Police Department in 2009. Topics include (1) a checklist and preparation for courtroom testimony, (2) the range of police-citizen encounters from “mere accosting” to “stop/detention” to “full custodial arrest,” (3) “stop/detention,” (4) distinguishing Fourth Amendment intrusions at the “stop/detention” level versus the “arrest” level is based on the degree of intrusion, (5) arrest, (6) warrants, (7) consent searches, (8) Fifth Amendment privilege against compelled self-incrimination, (9) constitutional due process voluntariness under a totality of circumstances, (10) Maryland common law promises and inducements, (11) Miranda v. Arizona and Miranda warnings, (12) charging documents, and (13) pretrial suppression motions and hearings.

Keywords: criminal law, Fourth Amendment, search & seizure, Fifth Amendment, confessions, police, courts, testimony, law enforcement

JEL Classification: K14, K39, K49

Suggested Citation

Warnken, Byron L., Police Courtroom Testimony: Fourth Amendment Intrusions on Persons & Things & Fifth Amendment Confessions (March 10, 2010). Available at SSRN: https://ssrn.com/abstract=1568205 or http://dx.doi.org/10.2139/ssrn.1568205

Byron L. Warnken (Contact Author)

University of Baltimore School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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