Criminal Procedure: A Free Law School Casebook

by Ben Trachtenberg, Anne Alexander

This Casebook is designed for the “investigations” criminal procedure class commonly taught at American law schools. It focuses on the Fourth, Fifth, and Sixth Amendments to the Constitution of the United States. Fourth Amendment topics include definitions of “search” and “seizure,” probable cause, warrants, exceptions to the warrant requirement (e.g., plain view, consent, automobiles), stop & frisk, and arrests. Moving to interrogations, the book covers due process and the voluntariness requirement, the Miranda Rule, and the Massiah doctrine. Next the book covers the exclusionary rule, including doctrines about standing and exceptions. Other chapters cover the right to counsel (including ineffective assistance and self-representation), witness identifications, and—briefly—electronic surveillance and the “war on terror.”

Like many criminal procedure casebooks, this book takes most of its words from Supreme Court opinions interpreting the Fourth, Fifth, and Sixth Amendments. When possible, it links to sources that it cites, such as court opinions and scholarly commentaries. It aims to present material clearly, without hiding the ball. In addition to covering black-letter law tested on the bar exam, the book explores the practical effects of Supreme Court doctrine on real people, and it encourages students to participate in ongoing debates about policing and prosecution.

465,171 Words, 915 Pages in Word - Published July 2020, revised July 2022

1713 pages, Kindle Edition

Published October 2, 2025

Reviews

[Jack · Rating 4 out of 5]

It gave me a much better understanding of the Supreme Court and its functions. The questions and notes also allow the reader to work with the material.