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Table of Contents

Foreword xiii
Preface xv
Highlights of the Fifteenth Edition xvii
Online Resource Materials xxi
Acknowledgments xxiii
Case Citation Guide xxv
Sample Case Citations xxvii
Table of Cases xxix

PART I

Chapter 1
Constitutional History and Content 3
Section
1.1 History of the United States Constitution 5
1.2 —Early Steps Toward National Unity 5
1.3 —Articles of Confederation 6
1.4 —Drafting the United States Constitution 6
1.5 —Ratification by the States 6
1.6 Structure and Content of the Constitution 7
1.7 —Separation of the Powers of the Federal Government 9
1.8 —Division of Power between the Federal Government and the States 10
1.9 —Powers Granted to the Federal Government 12
1.10 —Powers the States Are Forbidden to Exercise 17
1.11 —Sovereign Powers Retained by the States 18
1.12 The Bill of Rights 21
1.13 —Applying the Bill of Rights to the States Through the Fourteenth
Amendment 23
1.14 The Fourteenth Amendment as a Limitation on State Power 24
1.15 —Due Process of Law 25
1.16 —Equal Protection of the Laws 28
1.17 Adjudication of Constitutional Questions 32
1.18 Federal Remedies for Constitutional Abuses 34
1.19 Summary 34
Notes 35

vii
viii TABLE OF CONTENTS

Chapter 2
Freedom of Speech 43
Section
2.1 Historical Background 45
2.2 Overview of Constitutional Protection for Speech and Expressive Conduct 46
2.3 Is Speech Involved? 47
2.4 First Amendment Distinction Between a Speaker’s Message and the
Conduct Associated With Communicating It 49
2.5 Punishing Speech Because of the Message 51
2.6 —Obscenity and Child Pornography 53
2.7 —Fighting Words 56
2.8 —Speech Integral to Criminal Conduct 57
2.9 —Incitement to Immediate Illegal Action 58
2.10 —Hate Speech 63
2.11 —Crude and Vulgar Speech 64
2.12 —Commercial Speech 65
2.13 Restraints on Speech Based on Considerations Other Than the Message 66
2.14 Free Speech Access to Government Property: Public Forums and
Nonpublic Forums 66
2.15 —Validity of Particular Restrictions 70
2.16 —Free Speech Access to Private Property 73
2.17 —Need for Precision in Regulating Speech 73
2.18 Summary 76
Notes 78

Chapter 3
Authority to Detain and Arrest 93
Section
3.1 Introduction 95
3.2 Overview of the Fourth Amendment 96
3.3 Crossing the Boundary of the Fourth Amendment 99
3.4 —“Free Zone” for Investigative Work 100
3.5 —“Seizure” Defined 100
3.6 —Fourth Amendment Grounds for a Lawful Seizure 104
3.7 Investigatory Stops 107
3.8 —Reasonable Suspicion 111
3.9 —Scope and Duration of Investigatory Stops 118
3.10 Traffic and Vehicle Stops 122
3.11 —Pretextual Traffic Stops 124
3.12 Requirements for a Constitutional Arrest 129
3.13 —Probable Cause 132
3.14 —Requirements for a Valid Arrest Warrant 134
3.15 —Arrests Inside a Private Residence 139
3.16 Use of Force in Making an Arrest or Other Seizure 143
TABLE OF CONTENTS ix

3.17 State Arrest Laws 146


3.18 —Territorial Limits on a Police Officer’s Arrest Authority 148
3.19 Summary and Practical Suggestions 150
Notes 152

Chapter 4
Search and Seizure 173
Section
4.1 Overview of the Law of Search and Seizure 175
4.2 —Definition of a Search 180
4.3 —Sources of Search Authority 186
4.4 —Fourth Amendment Requirements for Seizing Property 192
4.5 —The Fourth Amendment Search Warrant 201
4.6 Searches Involving People and Personal Effects 205
4.7 —The Terry Search Revisited 207
4.8 —Search Following a Custodial Arrest 209
4.9 Vehicle Searches 215
4.10 —Search of Vehicles Pursuant to a Detention or Arrest 217
4.11 —Search of Vehicles Based on Probable Cause (“Automobile
Exception”) 222
4.12 —Inventory Searches of Impounded Vehicles 224
4.13 Search of Protected Premises 226
4.14 —Premises Protected by the Fourth Amendment 227
4.15 —Entry and Search of Premises Under a Warrant 230
4.16 —Entry and Search of Premises Without a Warrant 234
4.17 The Exclusionary Rule 239
4.18 Summary and Practical Suggestions 246
Notes 247

Chapter 5
Laws Governing Police Surveillance 275
Section
5.1 Introduction to the Laws Governing Police Surveillance 277
5.2 Fourth Amendment Foundation of Police Surveillance Law 278
5.3 Application of the Fourth Amendment to Nonassisted Surveillance 280
5.4 Application of the Fourth Amendment to Technologically Assisted
Surveillance: An Overview 284
5.5 —Beeper, GPS, and Cell Phone Tracking 287
5.6 —Video Surveillance 291
5.7 —Detection Devices 294
5.8 The Wiretap Act 298
5.9 —Scope of the Wiretap Act 299
5.10 —Procedural Requirements for Intercepting Protected Communications 301
5.11 Communication Surveillance Not Regulated by the Wiretap Act 306
x TABLE OF CONTENTS

5.12 —Listening with the Unaided Ear 306


5.13 —Interception of an Oral Communication Where the Target Lacks a
Reasonable Expectation of Freedom from Interception 307
5.14 —Interception Conducted with the Consent of a Party 308
5.15 —Email, Voice Mail, and Text Messages 309
5.16 —Pen Registers and Trap-and-Trace Devices 310
5.17 Foreign Intelligence Surveillance Act 311
5.18 Summary and Practical Suggestions 313
Notes 314

Chapter 6
Interrogations and Confessions 333
Section
6.1 Introduction 335
6.2 The Free and Voluntary Rule 338
6.3 The Fourth Amendment Exclusionary Rule 342
6.4 Overview of the Rules Governing Custodial Interrogation 344
6.5 The McNabb-Mallory Delay in Arraignment Rule 345
6.6 Protection for the Fifth Amendment Privilege Against Self-Incrimination
During Police Interrogations: The Miranda Rule 348
6.7 —Custodial Interrogation Defined 349
6.8 —Procedural Requirements for Custodial Interrogations: Miranda
Warnings and Waivers 356
6.9 The Sixth Amendment Right to Counsel During Interrogations
Conducted After the Commencement of Adversary Judicial Proceedings 363
6.10 Use of Inadmissible Confession for Impeachment 366
6.11 Restrictions on the Use of Derivative Evidence 368
6.12 Restrictions on the Use of Confessions Given by Accomplices 369
6.13 The Requirement of Corroboration of Valid Confessions 370
6.14 Summary and Practical Suggestions 371
Notes 372

Chapter 7
Compulsory Self-Incrimination 385
Section
7.1 Introduction 387
7.2 Fifth Amendment Protection Against Testimonial Self-Incrimination 389
7.3 —Prerequisites for Application of the Fifth Amendment 391
7.4 —Rules for Invoking and Waiving Fifth Amendment Protection 393
7.5 —Protection Against Adverse Consequences from Exercising the
Privilege Against Self-Incrimination 395
7.6 —Self-Reporting Laws and the Fifth Amendment 395
7.7 Fourth Amendment Protection Against Bodily Self-Incrimination 396
7.8 —Requirements for Appearance Evidence 397
7.9 —Requirements for Bodily Evidence 399
TABLE OF CONTENTS xi

7.10 —Necessity of a Search Warrant to Explore for Bodily Evidence 401


7.11 —Strip Searches and Manual Body Cavity Searches 404
7.12 Summary and Practical Suggestions 407
Notes 408

Chapter 8
Right to Counsel 417
Section
8.1 —Overview of the Sixth Amendment Right to Counsel 419
8.2 —The Indigent Person’s Right to Appointed Counsel 420
8.3 —The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings:
Critical Stages of the Prosecution and Criminal Appeals 422
8.4 —The Defendant’s Right to Self-Representation 423
8.5 —Ineffective Assistance of Counsel 424
8.6 Sixth Amendment Restrictions on the Conduct of the Police 425
8.7 Pretrial Identification Procedures 427
8.8 —Fourth Amendment Limitations on Admission of Pretrial Identification
Testimony 429
8.9 —Due Process Requirements for Pretrial Identification Procedures 430
8.10 —Right to Counsel During Pretrial Identification Procedures 434
8.11 Summary and Practical Suggestions 435
Notes 436

Chapter 9
Trial and Punishment 445
Section
9.1 Overview of Constitutional Safeguards During the Trial and Punishment
Phases of a Criminal Case 447
9.2 The Fifth Amendment Double Jeopardy Prohibition 448
9.3 —Prohibition of Multiple Prosecutions for the Same Offense 449
9.4 —Prohibition of Multiple Punishments for the Same Offense 453
9.5 Sixth Amendment and Due Process Requirements for Fair Trials 454
9.6 —Speedy Trial 455
9.7 —Public Trial 458
9.8 —Confrontation of Adverse Witnesses 459
9.9 —Fair and Impartial Tribunal 460
9.10 —Pretrial Publicity 462
9.11 —Trial by Jury 468
9.12 —Preservation and Disclosure of Evidence Favorable to the Defense 473
9.13 Eighth Amendment Requirements for Punishment 476
9.14 —Constitutionally Acceptable Punishments 477
9.15 —The Death Penalty 478
9.16 —Eighth Amendment Protection Inside Prison Walls 483
9.17 Summary and Practical Suggestions 485
Notes 487
xii TABLE OF CONTENTS

Chapter 10
Rights and Liabilities in the Workplace 501
Section
10.1 Introduction 503
10.2 First Amendment Protection for Work-Related Speech 503
10.3 Fourth Amendment Protection Against Workplace Searches 511
10.4 Fifth Amendment Protection Against Self-Incrimination 515
10.5 Fourteenth Amendment Protection for a Police Officer’s Personal Liberty 516
10.6 Procedural Due Process in Police Disciplinary Actions 519
10.7 Employment Discrimination Based on Race, Color, Religion, Gender, or
National Origin 520
10.8 Equal Protection in the Police Workplace 525
10.9 Constitutional Accountability Under Federal Law 527
10.10 Summary 530
Notes 531

PART II

Judicial Decisions and Statutes Relating to Part I 551

Glossary 773

Appendix: The Constitution of the United States of America 783

Index of Cases 801

Index 845
Foreword

We lost my mother, Professor Jacqueline Kanovitz, last year after her brief bout
with cancer ended a lifetime full of labor and love. She left behind an adoring family,
saddened friends, a cadre of grateful former students, and the book you are about to
study. This book was a constant presence in her life as she wrote and rewrote it through
fourteen editions over the course of five decades. Her consistent goal was to provide
students a clear and up-to-date explanation of the ever-developing rules for policing in
the United States, all without “dumbing down” the complicated topic of Constitutional
Law. She succeeded by creating a book both scholarly and accessible.
The origins of both this book and Professor Kanovitz’s career trace back to the
1960s, during a time of rapid societal change and resistance to change. The Supreme
Court spent much of the decade pushing reforms and constitutionalizing the procedures
expected of police. Those reforms often met with resistance in the nation’s police forces
but ultimately gave rise to modern policing as a recognized profession. Simultaneously,
the role of women in society was changing. In keeping with the advancements of the
time, the future Professor Kanovitz set out to become an attorney and enrolled at the
University of Louisville Law School. But it was still rare for a woman to enter the legal
profession. She met with discrimination that intensified the difficulties which always
accompany studying the law.
Despite the unfairness she encountered, or, perhaps, because of it, she dug in and
excelled by attaining one of the highest academic standings in the history of the school.
She was awarded a J.D. degree summa cum laude, rather than the L.L.B. degree that was
standard at the time, in recognition of her academic achievements. She was hired as a
professor at the law school two years later and, thereafter, went on to teach several
generations of lawyers for over 30 years. As a professor she was both feared and loved,
demanding intellectual rigor of her students but always making herself available to
them for emotional and academic support. Her memory of the biases she experienced
in her time as a student gave her a constant source of empathy for all she taught. She
knew that everyone can feel like an outsider when exposed to new pursuits.
The book was born shortly before Jackie’s graduation in 1967. The law school
received an inquiry from John Klotter, Dean of the Southern Police Institute. He pro-
posed an idea to write a textbook on constitutional law specifically for police. It was a
juicy topic for an academic in light of the Supreme Court’s surging involvement in
criminal procedure cases and because Congress, in turn, had begun a push to

xiii
xiv FOREWORD

professionalize the nation’s police forces through formal education. As a testament to


Jackie’s scholarship, the law school recommended to Dean Klotter that he team up with
her, even though she was as yet only a student. Dean Klotter agreed, proving far more
progressive in his thinking than the legal profession generally, which was still unwill-
ing to employ a female attorney, even one who graduated at the top of her class. A
federal judge at the time, for example, simply said, “Send me a boy,” despite the law
school’s highest recommendation for a clerkship. The big law firms in town would only
interview men from her class, despite her superior ranking.
Thus, the opportunity to work on this textbook came at an important time for her
in her new career. She joined Professor Klotter as a full co-author and, together, they
published the first edition of the book in 1968. The book went on to great success and
is still today the most widely used textbook of its kind. Through each subsequent edi-
tion, Professor Kanovitz worked tirelessly while excelling as a law professor, writing
law review articles, and somehow still managing to make dinner from scratch for our
family every night. The book was a perpetual work in progress because the courts were
always issuing new cases. So, she would often labor into the night writing about the
new cases for the next edition, the sounds of her IBM Selectric typewriter ringing like
a machine gun from her basement office.
Over the course of her career, Professor Kanovitz’s scholarship extended past the
U.S. Constitution to many other areas of the law. She taught contract law, the UCC,
property, remedies and insurance, among other courses. In this way she developed an
increasingly holistic view of the law which she brought to the book. As a result, the
book fits the developing law into themes and trends rather than merely presenting a set
of rules for police to follow. This approach also enabled her to foresee developments
in the law, which predictions she would incorporate into the footnotes for each
chapter.
When Professor Klotter retired in the late 1990s, I was fortunate to join her as a
co-author for several editions. It was one of the great learning experiences of my life.
I credit working with her for my subsequent career as a civil rights lawyer and with
helping me make a difference for thousands of clients in the justice system.
This 15th edition of the book will be the first without Professor Kanovitz, but it is
certain not to be the last. The framework established by Dean Klotter and Professor
Kanovitz, and carried on by Professors Ingram and Devine, will continue to provide
students with a genuine understanding of our nation’s Constitution, as well as a practi-
cal mastery of the procedures police can and must employ when enforcing the law in
our constitutional system. Communicating the law to students, lawyers, and police was
a lifetime’s work for Professor Kanovitz. Cultivating a deeper level of understanding
of these things for you in your career was of paramount importance to her.
She will be sorely missed.

Michael Kanovitz, J.D.


March 2018
Preface

Criminal justice arrived as a learned profession in the late 1960s when Congress
recognized that better-educated police officers were needed to implement the Warren
Court’s constitutional reforms and appropriated funds to establish programs for their
higher education. This marked the beginning of criminal justice as a degree program.
Professor Kanovitz was then in her final year at the University of Louisville School of
Law and had the unparalleled good fortune of having been selected by the late John
Klotter, Dean of the University of Louisville School of Justice Administration (then
known as the Southern Police Institute), to co-author the first title in Anderson Publish-
ing Company’s Criminal Justice Series. Dean Klotter was a trailblazer and dominant
figure in criminal justice scholarship for many decades. He remained as Jacqueline
Kanovitz’s co-author of Constitutional Law for the first seven editions. Professor Klot-
ter was succeeded by Michael Kanovitz, a successful trial lawyer and Cornell Law
School graduate, who served as co-author of the eighth through eleventh editions. He
brought both fresh ideas and new perspectives to the book that were invaluable in
making the transition from a traditional textbook to a modern one. With the passing
of Jacqueline Kanovitz, Jefferson Ingram and Christopher Devine of the University of
Dayton have stepped forward to revise and enhance the work started by John Klotter
and Jacqueline Kanovitz. Every effort has been made to continue their groundbreaking
work by carefully updating legal principles and cases while staying true to the concep-
tual presentation of prior editions.
Now in its fifteenth edition, Constitutional Law for Criminal Justice has been a
leader in its field for 50 years. The book contains a combination of 65 percent textual
materials and 35 percent edited cases that amplify and explain important principles of
constitutional law. This combination creates flexibility in teaching approaches and
enhances the classroom experience. The coverage is comprehensive, providing an
in-depth analysis of investigatory detentions, traffic stops, arrests, searches and seizure,
electronically-assisted surveillance, the federal Wiretap Act, the right to counsel, inter-
rogations and confessions, compulsory self-incrimination, pretrial identification proce-
dures, constitutional safeguards available during trials, due process, equal protection,
capital punishment, First Amendment limitations on police use of authority, constitu-
tional rights of police in the workplace, police liability for violating constitutional
rights of others, and much, much more. The fifteenth edition presents current legal
theories that assist the student in learning the state of the art in constitutional law as it

xv
xvi PREFACE

applies to the criminal justice field. This book is designed for career-path students who
seek a deep and rich understanding of the constitutional principles that apply to their
daily work.
The text is well organized and written in plain, clear, student-friendly language. A
variety of techniques has been used to enhance the learning experience. Chapters begin
with an outline and conclude with a summary. Key terms and concepts appear in bold
face type and are defined in the Glossary. Tables, Figures, and Charts are used to sim-
plify and synthesize information. Check the book page on www.routledge.com/cw/
kanovitz, for the companion website link. We offer the professor and student supple-
ments that assist the learning experience. These techniques and resources enable com-
plex materials and concepts to be presented with clarity and ease.
Highlights of the Fifteenth Edition

The Fifteenth Edition contains over a dozen new cases. The highlights include:

Chapter 1. Constitutional History and Content—Obergefell v. Hodges (2015),


in which the U.S. Supreme Court ruled that state bans on same-sex marriage
were unconstitutional violations of the Fourteenth Amendment’s due process
and equal protection clauses; Fisher v. University of Texas (2016), in which
the U.S. Supreme Court ruled that the University of Texas’ affirmative action
policy—which used race, among other factors, to evaluate students applying
for admission—did not violate the Fourteenth Amendment’s equal protection
clause.
Chapter 2. Freedom of Speech—Packingham v. North Carolina (2017), in which
the U.S. Supreme Court struck down a North Carolina law prohibiting convicted
sex offenders from accessing social media and other websites where minors may
create a user account, as a violation of the First Amendment freedom of speech;
Matal v. Tam (2017), in which the U.S. Supreme Court struck down a provision
of the 1946 Lanham Act, prohibiting the U.S. Patent and Trademark Office from
registering disparaging trademarks, as a violation of the First Amendment free-
dom of speech; Reed v. Town of Gilbert (2015), a U.S. Supreme Court ruling that
invalidated a town’s code for displaying outdoor signs, which imposed stricter
limitations on temporary directional signs, as a content-based restriction on the
freedom of speech.
Chapter 3. Authority to Detain and Arrest—New concepts in this chapter
include a Supreme Court case that makes evidence discovered during an illegal
Terry-type stop and frisk admissible if the illegality was sufficiently separate
from the discovery of criminal evidence on the person of the detainees. The
Supreme Court enhanced the definition of attenuation or separation that came
from the Wong Sun v. United States case in 1963. This chapter addresses, among
other things, the situation where a police officer has a reason to suspect criminal
activity that is not certain. This chapter addresses this concept, known as the
stop and frisk, and updates it, with respect to the admission of evidence obtained
from a stop when that evidence might have previously been inadmissible. In
Utah v. Strieff, 579 U.S. ___, 136 Ct. 2056, 195 L. Ed. 2d 400, 2016 U.S. LEXIS
392 (2016), the Court allowed the admission of evidence that had been

xvii
xviii HIGHLIGHTS OF THE FIFTEENTH EDITION

obtained from an illegal Terry-type detention. The identification of the subject


led to his arrest pursuant to an outstanding warrant. Evidence that was seized
from his person incident to the arrest was ultimately deemed admissible against
him, even though the initial stop was unlawful under the Fourth Amendment,
and under the Terry standard. The court majority found that the discovery of the
outstanding warrant was sufficiently attenuated or separated from the original
illegal stop and that evidence pursuant to the arrest found on his person should
have been admitted against him. In a new reaffirmation of a prior principle,
the Court in Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609, 191 L.
Ed. 2d 492, 2015 U.S. LEXIS 2807 (2015), held that evidence obtained after
holding motorist longer than needed for traffic processing to allow drug dog
sniff must be excluded from use to prove guilt. Such an extended detention was
unreasonable and evidence obtained during the illegal detention should have
been suppressed from admission into evidence. Both Strieff and Rodriguez are
presented in an edited format in Part II, Chapter 3.
Chapter 4. Search and Seizure—Issues frequently arise concerning whether
or when a search warrant may be necessary under the Fourth Amendment.
Recently, the Court clarified when a police officer needs a warrant when inves-
tigating impaired motorist cases. In Chapter 4, the Court added a “bright line”
to some earlier case decisions with its decision in Birchfield v. North Dakota,
579 U.S. ___, 136 S. Ct. 2160, 195 L. Ed. 2d 560, 2016 U.S. LEXIS 4058
(2016), involving testing to determine the level of alcohol impairment of drink-
ing drivers. Prior to the Supreme Court’s decision in Birchfield, there was some
uncertainty concerning just when a warrant might be required for alcohol testing
of arrested impaired motorists. In Birchfield, the Court clarified the landscape
and permitted warrantless post-arrest breath testing for arrested impaired driv-
ers. However, Birchfield, absent exigent or emergency circumstances, clearly
required search warrants for the purpose of drawing blood and analyzing the
results of an alcohol impaired driver.
Chapter 5. Laws Governing Police Surveillance—While much police surveil-
lance does not require a search warrant, some areas have emerged that may
require the obtaining of court-ordered warrants. In following suspects who have
not been arrested, police often use modern technology. Some of this monitoring
is subject to the warrant requirement of the Fourth Amendment. Using global
positioning system [GPS] tracking devices and similar instruments that indicate
where a person or motor vehicle has traveled or has been located has been deter-
mined to require warrants under the Supreme Court’s decision in United States
v. Jones, 565 U.S. 400, 132 S. Ct. 945, 181 L. Ed. 2d 911, 2012 U.S. LEXIS
1063 (2012). In a newer case that arguably has a close relationship to the legal
principles recognized to Jones, in Grady v. North Carolina, 574 U.S. ___, 135
S. Ct. 1368, 191 L. Ed. 2d 459, 2015 U.S. LEXIS 2124 (2015), the Court con-
cluded that the perpetual use of a GPS device on a convicted sex offender, who
had served his sentence, constituted a search under the Fourth Amendment. The
HIGHLIGHTS OF THE FIFTEENTH EDITION xix

Court did not resolve the issue of whether such a constant perpetual search was
reasonable and sent the case back to the lower courts for reconsideration.
Chapter 6. Interrogations and Confessions—Within the last several years, the
Supreme Court has not revisited the area of constitutional requirements for the
conducting of interrogations and the obtaining of confessions. Miranda issues
are often at the forefront of the litigation involving interrogations and are reg-
ulated by the case of Miranda v. Arizona and subsequent case law. This chap-
ter offers a state case demonstration of an exception to the Miranda warning
requirements, first introduced by the Court in New York v. Quarles, 467 U.S.
649, 104 S. Ct. 2626, 81 L. Ed. 2d 550 (1984). Quarles created the public safety
exception to the Miranda warning requirement that permitted giving the warn-
ings later where an emergency existed. In a Connecticut case, State v. Smith,
321 Conn. 278, 138 A.3d 223, 2016 Conn. LEXIS 117 (2016), the Supreme
Court of Connecticut adjudicated an interesting fact-driven state application of
the Miranda public safety exception, which further demonstrated how Miranda
warnings may be excused or delayed in some situations.
Chapter 8. Right to Counsel—Commonwealth v. Bland, a ruling by the Pennsyl-
vania Supreme Court which held that, in order to be valid, a criminal defendant
must invoke his or her Sixth Amendment right to counsel only after the gov-
ernment has initiated adversarial judicial proceedings, and not prior to entering
custodial interrogation.
Chapter 9. Trial and Punishment—The substantive constitutional issues covered
by Chapter 9, have remained fairly stable in recent years. Most of the issues
related to the death penalty and collateral issues have been fairly definitively
decided by prior case law. Stable issues include speedy and public trial and con-
frontation concerns. This chapter introduces a refinement on concepts involving
double jeopardy, and whether jurisdictions other than states, the federal govern-
ment, and some Indian jurisdictions may be considered separate sovereigns for
the purpose of double jeopardy. In Puerto Rico v. Sánchez Valle, 579 U.S. ___,
136 S. Ct. 1863, 195 L. Ed. 2d 179, 2016 U.S. LEXIS 3773 (2016), the Court
considered whether the Commonwealth of Puerto Rico constituted a separate
sovereign jurisdiction so that a person tried in a federal court of the United
States could subsequently be tried in a Commonwealth criminal court for activ-
ities constituting the same basic crime. In determining that since the Puerto
Rican government obtained its power to prosecute crimes from the United States
government and that the Puerto Rican government and the United States gov-
ernment constituted one sovereign, a subsequent prosecution for the same act
violated the Fifth Amendment prohibition against double jeopardy. An edited
version of Sánchez Valle has been presented in Part II, Chapter 9 of the book.
Chapter 10. Rights and Liabilities in the Workplace—Cases dealing with the
civil constitutional liability of sworn law enforcement personnel, as decided
by the Supreme Court of the United States, have clearly indicated that police
officers have a qualified immunity against civil suit for alleged wrongdoing. In
xx HIGHLIGHTS OF THE FIFTEENTH EDITION

a case where an officer has violated a clearly established constitutional or legal


principle, a reasonable officer should have known about the proper parameters
of his or her conduct and will not be immune from suit. The Supreme Court
reaffirmed this principle, in Stanton v. Sims, 571 U.S. ___, 134 S. Ct. 3, 187
L. Ed. 2d 341 (2013). In a recently decided case involving the constitutional
liability for supervisory personnel and police departments, Heffernan v. City of
Paterson, 578 U.S. ___, 136 S. Ct. 1412, 194 L. Ed. 2d 508, 2016 U.S. LEXIS
2924 (2016), the Court found a First Amendment free-speech violation where a
police chief demoted a fellow member of management for appearing to support
a particular candidate who appeared to be opposed to the current city mayor’s
reelection. In Heffernan, the Court held that where a public employer demotes
an employee due to a desire to prevent or punish that employee from engaging
in political activity that the First Amendment protects, the employee will be per-
mitted to challenge that unlawful action under the First Amendment and under
42 U.S.C. §1983, the civil rights statute. An edited version of the Heffernan case
appears in the cases for Chapter 10, Part II.
Online Resource Materials

Many of the materials cited in footnotes throughout this text are available, free of
charge, from the following sources:

Supreme Court (http://www.supremecourt.gov)


The Supreme Court’s official website contains an automated docket system of
cases now pending before the Court, including the briefs filed in these cases,
slip opinions of cases recently decided, and bound volumes of cases decided
since 2007.
Findlaw (http://www.findlaw.com/casecode)
This website is a gold mine. It contains all Supreme Court decisions since
1893, all federal statutes, more recent lower federal court decisions, and select
state materials, plus additional legal resources, such as the Supreme Court’s
current docket, briefs, and transcripts of oral arguments. For cases decided
since September 2000, Findlaw offers a choice between the full text or an
opinion summary, plus access to other secondary materials. CAVEAT: The
website at http://www.findlaw.com/casecode cannot be accessed using Inter-
net Explorer. It is necessary to type this address into another search window.
Google Scholar (http://scholar.google.com)
Google Scholar is an excellent resource for in-depth research. Researchers can
access the full text of Supreme Court cases by typing in the case name; check
the box entitled “articles” and gain access to numerous law review articles;
and find references to other online repositories, universities, and websites
that contain relevant information. A free Gmail account is needed to use this
resource.
American Bar Association (http://www.americanbar.org/publications/preview_home.
html)
This site contains summaries of the facts and issues presented in cases cur-
rently before the Supreme Court, along with the briefs filed in these cases.
Duke University (http://law.duke.edu/lib/researchguides/legal_materials)
This site contains most law journals and law review articles in PDF form for
back issues, but not for current ones. Some legal reference books are also
available.

xxi
xxii ONLINE RESOURCE MATERIALS

Cornell Law School, Legal Information Institute (http://www.law.cornell.edu)


This site presents the United States Constitution with Amendments, the
United States Code, the Code of Federal Regulations, and a collection of fed-
eral rules, including the Federal Rules of Criminal Procedure, Evidence and
Appellate procedure.
Historical Documents (http://www.usa.gov/Topics/Reference-Shelf/Documents.
shtml)
This site contains the full text of the Constitution and other historically sig-
nificant documents like the Declaration of Independence (1776), Articles of
Confederation (1777), Federalist Papers (1787–1788), Bill of Rights (1791),
Gettysburg Address (1863), and Emancipation Proclamation (1863).
Acknowledgments

We want to continue to offer our thanks to the professors, instructors, and police
departments who have used this book over the years for their suggestions, comments,
and support. Special thanks must be offered to Dean John Klotter and to Jacqueline
Kanovitz and Michael Kanovitz for their seminal work on this book through its many
iterations. Thanks and gratitude go to Pam Chester for giving us the opportunity to con-
tinue this excellent work and for her guidance and assistance in its revision. We wish to
thank Ellen Boyne for her oversight and assistance in getting the manuscript ready for
publication. The anonymous reviewers who made important and creative suggestions
that were incorporated into our final draft deserve thanks. We most certainly wish to
thank Dr. Grant Neeley, Chair of the Department of Political Science at the University
of Dayton, for his support during the revision of this book.

Jefferson L. Ingram, J.D.


Professor
Political Science
University of Dayton

Christopher J. Devine, Ph.D.


Assistant Professor
Political Science
University of Dayton

xxiii
Case Citation Guide

The following list provides an explanation of case citations used in Constitutional


Law for Criminal Justice, Fifteenth Edition, for readers who may be unfamiliar with
how court decisions are cited.

U.S. United States Reports. Published by the United States government,


this is the official source of United States Supreme Court decisions.
It reports only United States Supreme Court decisions.
S. Ct. Supreme Court Reporter. Published by West Publishing Company,
this publication reports United States Supreme Court decisions.
L. Ed./L. Ed. 2d United States Reports, Lawyers’ Edition, First Series/Second Series.
Published by Lawyers Cooperative Publishing Company, this publi-
cation reports United States Supreme Court decisions.
F.2d/F.3d Federal Reports, Second Series/Third Series. Published by West
Publishing Company, it reports decisions of the Federal Courts of
Appeals.
F. Supp. Federal Supplement. Published by West Publishing Company, this
reports decisions of the Federal District Courts.
A./A.2d/A.3d Atlantic Reporter, a regional reporter By West Publishing Company
that reports decisions from the states of CT, DE, ME, MD, NH, NJ,
PA, RI, and VT. It includes cases from the District of Columbia,
printed in three series.
N.E./N.E.2d North Eastern Reporter, a regional reporter by West Publishing
Company that reports decisions from the states of IL, IN, MA, NY,
and OH; printed in two series.
P./P.2d/P.3d Pacific Reporter, a regional reporter by West Publishing Com-
pany that reports decisions from the states of AK, AZ, CA, CO,
HI, ID, KS, MT, NV, NM, OK, OR, UT, WA, WY; printed in three
series.
S.E./S.E.2d South Eastern Reporter, a regional reporter by West Publishing
Company that reports decisions from the states of GA, NC, SC, VA,
WV; printed in two series.

xxv
Another random document with
no related content on Scribd:
LP43035.
Approach with care. A QM production. Produced in association
with United Artists Television, Inc. 60 min., sd., color, 16 mm. (The
Fugitive) © QM Productions; 15Nov66; LP43035.

LP43036.
Trial by fire. A QM production. Produced in association with
United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 5Oct65; LP43036.

LP43037.
Not with a whimper. A QM production. Produced in association
with United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 4Jan66; LP43037.

LP43038.
Echo of a nightmare. A QM production. Produced in association
with United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 25Jan66; LP43038.

LP43039.
Shadow of a swan. A QM production. Produced in association with
United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) Add. ti.: Shadow of the swan. © QM Productions; 8Feb66;
LP43039.

LP43040.
The Chinese sunset. A QM production. Produced in association
with United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 1Mar66; LP43040.

LP43041.
Ill wind. A QM production. Produced in association with United
Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The Fugitive) ©
QM Productions; 8Mar66; LP43041.

LP43042.
With strings attached. A QM production. Produced in association
with United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 15Mar66; LP43042.

LP43043.
The White knight. A QM production. Produced in association with
United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 22Mar66; LP43043.

LP43044.
An Apple a day. A QM production. Produced in association with
United Artists Television, Inc. 60 min., sd., b&w, 16 mm. (The
Fugitive) © QM Productions; 2Nov65; LP43044.

LP43045.
The Breaking of the habit. A QM production. Produced in
association with United Artists Television, Inc. 60 min., sd., b&w, 16
mm. (The Fugitive) © QM Productions; 31Jan67; LP43045.

LP43046.
Right in the middle of the season. A QM production. Produced in
association with United Artists Television, Inc. 60 min., sd., b&w, 16
mm. (The Fugitive) © QM Productions; 29Nov66; LP43046.

LP43047.
Serpico. Artists Entertainment Complex, Inc. 130 min., sd., color,
35 mm. © Produzioni DeLaurentiis International Manufacturing
Company, S. P. A.; 5Dec73; LP43047.
LP43048.
The Jinn who clears the way. A Leonard Freeman production.
Produced in association with the CBS Television Network. 60 min.,
sd., color, 16 mm. (Hawaii Five-O) © Columbia Broadcasting
System, Inc.; 3Oct72; LP43048.

LP43049.
The Odd lot caper. A Leonard Freeman production. Produced in
association with the CBS Television Network. 60 min., sd., color, 16
mm. (Hawaii Five-O) © Columbia Broadcasting System, Inc.;
24Jan73 (in notice: 1972); LP43049.

LP43050.
Caterpillar. Kresleny Film Prague. 16 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 2Jul71; LP43050.

LP43051.
The Mime of Marcel Marceau. 23 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 28Jun72; LP43051.

LP43052.
The Price of a life. 11 min., sd., color, 16 mm. © Learning Company
of America, a division of Columbia Pictures Industries, Inc.;
13Jun72; LP43052.

LP43053.
African odyssey: The Two worlds of Musembe. 15 min., sd., color,
16 mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 18Nov71; LP43053.

LP43054.
African odyssey: The Red bicycle. 13 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 18Nov71; LP43054.

LP43055.
Time of the barbarians. Hungarofilm. 10 min., sd., color, 16 mm.
© Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 13Apr72 (in notice: 1971); LP43055.

LP43056.
Baby in the tree. 11 min., sd., color, 16 mm. © Learning Company
of America, a division of Columbia Pictures Industries, Inc.; 2Mar72
(in notice: 1971); LP43056.

LP43057.
Order in the house. Hungarofilm. 5 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 29Dec71; LP43057.

LP43058.
Top of the world: taiga, tundra, icecap. International Cinemedia
Center, Ltd. 20 min., sd., color, 16 mm. © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 2Mar72 (in
notice: 1971); LP43058.

LP43059.
The Immigrant experience: the long, long journey. 31 min., sd.,
color, 16 mm. © Learning Company of America, a division of
Columbia Pictures Industries, Inc.; 23Jan73 (in notice: 1972);
LP43059.

LP43060.
Two grasslands: Texas and Iran. International Cinemedia Center.
21 min., sd., color, 16 mm. © Learning Company of America, a
division of Columbia Pictures Industries, Inc.; 2Mar71 (in notice:
1970); LP43060.

LP43061.
Noise pollution. Produced in association with the American
Meteorological Society. 18 min., sd., color, 16 mm. © Learning
Company of America, a division of Columbia Pictures Industries,
Inc.; 19Jun72; LP43061.

LP43062.
Deterioration of water. Produced in association with the American
Meteorological Society. 20 min., sd., color, 16 mm. © Learning
Company of America, a division of Columbia Pictures Industries,
Inc.; 21Jul72; LP43062.

LP43063.
The American Revolution: The Impossible war. Pt. 2. 25 min., sd.,
color, 16 mm. © Learning Company of America, a division of
Columbia Pictures Industries, Inc.; 26Jan72 (in notice: 1971);
LP43063.

LP43064.
The American Revolution: The Cause of liberty. Pt. 1. 24 min., sd.,
color, 16 mm. © Learning Company of America, a division of
Columbia Pictures Industries, Inc.; 26Jan72 (in notice: 1971);
LP43064.

LP43065.
The Magic balloons. 17 min., sd., color, 16 mm. © Learning
Company of America, a division of Screen Gems, Inc.; 20May69 (in
notice: 1968); LP43065.
LP43066.
The Thunderstorm. 9 min., sd., color, 16 mm. © Learning
Company of America, a division of Screen Gems, Inc.; 20May69 (in
notice: 1968); LP43066.

LP43067.
Two deserts: Sahara and Sonora. Audio Visual Productions, Inc. 17
min., sd., color, 16 mm. © Learning Company of America, a division
of Columbia Pictures Industries, Inc.; 2Mar71 (in notice: 1970);
LP43067.

LP43068.
Two mountainlands: Alps and Andes. Audio Visual Productions,
Inc. 15 min., sd., color, 16 mm. © Learning Company of America, a
division of Columbia Pictures Industries, Inc.; 2Mar71 (in notice:
1970); LP43068.

LP43069.
The Jackson years: the new Americans. 27 min., sd., color, 16 mm.
© Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 5Mar71 (in notice: 1970); LP43069.

LP43070.
The Jackson years: toward civil war. 28 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 26Apr71 (in notice: 1970); LP43070.

LP43071.
Foibles. Hungarofilm. 12 min., sd., color, 16 mm. (As the animator
sees us) © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 26May71; LP43071.

LP43072.
Trends. Hungarofilm. 9 min., sd., color, 16 mm. (As the animator
sees us) © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 14May71; LP43072.

LP43073.
Read. International Cinemedia Center. 42 min., sd., color, Super 8
mm. in cartridge. (Ready, set, read) © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 8Dec70;
LP43073.

LP43074.
Ready. International Cinemedia Center. 42 min., sd., color, Super
8 mm. in cartridge. (Ready, set, read) © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 9Dec70;
LP43074.

LP43075.
Set. International Cinemedia Center. 42 min., sd., color, Super 8
mm, in cartridge. (Ready, set, read) © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 9Dec70;
LP43075.

LP43076.
Shelter: almost anyone can build a house. International Cinemedia
Center. 14 min., sd., color, 16 mm. © Learning Company of America,
a division of Columbia Pictures Industries, Inc.; 10May71; LP43076.

LP43077.
Clothing: a pair of blue jeans. International Cinemedia Center. 13
min., sd., color, 16 mm. © Learning Company of America, a division
of Columbia Pictures Industries, Inc.; 10May71; LP43077.

LP43078.
Food: the story of a peanut butter sandwich. International
Cinemedia Center. 13 min., sd., color, 16 mm. © Learning Company
of America, a division of Columbia Pictures Industries, Inc.; 20Jul71;
LP43078.

LP43079.
The Middle Ages: a wanderer’s guide to life and letters. 28 min.,
sd., color, 16 mm. © Learning Company of America, a division of
Columbia Pictures Industries, Inc.; 4Feb71 (in notice: 1970);
LP43079.

LP43080.
Felipa: north of the border. 17 min., sd., color, 16 mm. © Learning
Company of America, a division of Columbia Pictures Industries,
Inc.; 16Feb71 (in notice: 1970); LP43080.

LP43081.
Shakespeare: a mirror to man. 28 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 1Feb71 (in notice: 1970); LP43081.

LP43082.
Elizabeth: the queen who shaped an age. 27 min., sd., color, 16
mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 4Feb71 (in notice: 1970); LP43082.

LP43083.
Siu Mei Wong: who shall I be? 18 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 29Dec70; LP43083.

LP43084.
The Symphony sound with Henry Lewis and the Royal
Philharmonic. 27 min., sd., color, 16 mm. © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 16Nov70;
LP43084.

LP43085.
The French Revolution: the Bastille. 22 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 23Nov70; LP43085.

LP43086.
The Bible: a literary heritage. 27 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 17Dec70; LP43086.

LP43087.
The Sonnets: Shakespeare’s moods of love. 21 min., sd., color, 16
mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 11Oct72; LP43087.

LP43088.
A Slave’s story: running a thousand miles to freedom. 29 min., sd.,
color, 16 mm. © Learning Company of America, a division of
Columbia Pictures Industries, Inc.; 21Jul72; LP43088.

LP43089.
The Witches of Salem: the horror and the hope. 35 min., sd., color,
16 mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 21Jul72; LP43089.

LP43090.
Brown wolf. 26 min., sd., color, 16 mm. © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 18Sep72;
LP43090.

LP43091.
The Civil War: promise of reconstruction. 28 min., sd., color, 16
mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 21Jul72; LP43091.

LP43092.
The Civil War: the anguish of emancipation. 27 min., sd., color, 16
mm. © Learning Company of America, a division of Columbia
Pictures Industries, Inc.; 21Jul72; LP43092.

LP43093.
William: from Georgia to Harlem. 16 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 3Mar71; LP43093.

LP43094.
The Satiric eye. 12 min., sd., color, 16 mm. © Learning Company
of America, a division of Columbia Pictures Industries, Inc.;
14May71; LP43094.

LP43095.
The Greeks: in search of meaning. 26 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 4May71; LP43095.

LP43096.
The French Revolution: the terror. 20 min., sd., color, 16 mm. ©
Learning Company of America, a division of Columbia Pictures
Industries, Inc.; 9Mar71; LP43096.
LP43097.
The Seven ravens. 22 min., sd., color, 16 mm. © Learning
Company of America, a division of Columbia Pictures Industries,
Inc.; 10May71; LP43097.

LP43098.
Go faster. 8 min., sd., color, 16 mm. © Learning Company of
America, a division of Columbia Pictures Industries, Inc.; 12May71;
LP43098.

LP43099.
The Weekend murders. 98 min., sd., color, 35 mm. © Metro
Goldwyn Mayer, Inc.; 17May72; LP43099.

LP43100.
Earth 2. 98 min., sd., color, 16 mm. © Metro Goldwyn Mayer, Inc.;
21Nov71; LP43100.

LP43101.
Drive hard, drive fast. A Universal Public Arts production. 106
min., sd., color, 35 mm. (World premiere) © Universal Public Arts
Productions; 11Sep73 (in notice: 1970); LP43101.

LP43102.
Sssssss. A Zanuck/Brown production. 99 min., sd., color, 35 mm.
© Universal Pictures; 18Jul73; LP43102.

LP43103.
Tightrope to tomorrow. A Harbour-UTV production. 53 min., sd.,
color, 16 mm. (The Bold ones) © Universal City Studios, Inc.; 7Jan73
(in notice: 1972); LP43103.
LP43104.
Amanda Fallon. A Harbour-UTV production. 53 min., sd., color, 16
mm. (The Bold ones) © Universal City Studios, Inc.; 23Jan73;
LP43104.

LP43105.
For the love of pizza. A Walter Lantz production. 1 reel, sd., color,
35 mm. © Universal Pictures; 1Aug72; LP43105.

LP43106.
Five days in the death of Sergeant Brown. Pt. 2. A Harbour UTV
production. 53 min., sd., color, 16 mm. (The Bold ones) © Universal
City Studios, Inc.; 17Sep72; LP43106.

LP43107.
Is this operation necessary? A Harbour UTV production. 53 min.,
sd., color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
24Sep72; LP43107.

LP43108.
A Nation of human pincushions. A Harbour UTV production. 53
min., sd., color, 16 mm. (The Bold Ones) © Universal City Studios,
Inc.; 1Oct72; LP43108.

LP43109.
Time bomb in the chest. A Harbour UTV production. 53 min., sd.,
color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
8Oct72; LP43109.

LP43110.
A Substitute womb. A Harbour UTV production. 53 min., sd.,
color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
22Oct72; LP43110.

LP43111.
A Very strange triangle. A Harbour UTV production. 53 min., sd.,
color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
29Oct72; LP43111.

LP43112.
A Quality of fear. A Harbour UTV production. 53 min., sd., color,
16 mm. (The Bold ones) © Universal City Studios, Inc.; 12Nov72;
LP43112.

LP43113.
An Inalienable right to die. A Harbour UTV production. 53 min.,
sd., color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
26Nov72; LP43113.

LP43114.
A Purge of madness. A Harbour UTV production. 53 min., sd.,
color, 16 mm. (The Bold ones) © Universal City Studios, Inc.;
5Dec72; LP43114.

LP43115.
End theme. A Harbour UTV production. 53 min., sd., color, 16
mm. (The Bold ones) © Universal City Studios, Inc.; 10Dec72;
LP43115.

LP43116.
The Velvet prison. A Harbour UTV production. 53 min., sd., color,
16 mm. (The Bold ones) © Universal City Studios, Inc.; 17Dec72;
LP43116.
LP43117.
A Terminal career. A Harbour UTV production. 53 min., sd., color,
16 mm. (The Bold ones) © Universal City Studios, Inc.; 31Dec72;
LF43117.

LP43118.
The Deadly trackers. A Cine Film production. 12 reels, sd., color,
35 mm. Based on the story, Riata, by Samuel Fuller. © Warner
Brothers, Inc.; 16Nov73; LP43118.

LP43119.
The All American boy. A My Shoes production. 12 reels, sd., color,
35 mm., Panavision. © Warner Brothers, Inc.; 5Sep73; LP43119.

LP43120.
Christmas looking. Daughters of Saint Paul. 22 min., sd., color, 16
mm. © Daughters of Saint Paul; 7Nov73; LP43120.

LP43121.
Zlateh the goat. Weston Woods. Made by Kratky Film. 20 min.,
sd., color, 16 mm. From the short story by Isaac Bashevis Singer. ©
Weston Woods a. a. d. o. Weston Woods Studios, Inc.; 12Dec73;
LP43121.

LP43122.
Fifty years of thorns and roses. 65 min., sd., color, 16 mm. © Pio
Wenzonsky Productions (in notice: Wenzonsky Productions);
13Apr73; LP43122.

LP43123.
Prostaglandins: tomorrow’s physiology? Omnicom Productions,
Inc. 22 min., sd., color; 16 mm. (The Upjohn vanguard of medicine,
no. 16) © The Upjohn Company; 12Feb74 (in notice: 1973); LP43123.

LP43124.
Marjoe. 88 min., sd., color, 35 mm. © Mauser Productions, Inc.;
24Jul72; LP43124.

LP43125.
Elephants. R. E. Myers, 8 min., sd., color, 16 mm. © Robert
Eugene Myers; 15Nov73; LP43125.

LP43126.
Ee-yi-ee-yi-oh. Consumers Power Company. Made by Portafilms.
11 min., sd., color, 16 mm. Add. ti.: Ee-i-ee-i-oh. © Consumers Power
Company; 15Apr72; LP43126.

LP43127.
Decision: alcohol. A Q-ED production. 15 min., sd., color, 16 mm.
© Q-ED Productions, Inc.; 1Feb74; LP43127.

LP43128.
The Butterfly. 6 min., sd., color. 16 mm. © ABBA Productions;
1Mar74; LP43128.

LP43129.
Sole survivor. 120 min., sd., videotape (2 inches) © Cinema Center
Films; 2Jan70 (in notice: 1969); LP43129.

LP43130.
Little Boa Peep. A DePatie-Freleng production. Produced in
association with the Mirisch Cinema Company, Inc. 7 min., sd., color,
35 mm. (The Blue Racer series) © United Artists Corporation;
16Jan74 (in notice: 1973); LP43130.

LP43131.
Phony express. A DePatie-Freleng production. Produced in
association with the Mirisch Cinema Company, Inc. 7 min., sd., color,
35 mm. (Hoot Kloot series) © United Artists Corporation; 9Jan74
(in notice: 1973); LP43131.

LP43132.
Giddy up woe. A DePatie-Freleng production. Produced in
association with the Mirisch Cinema Company, Inc. 7 min., sd., color,
35 mm. (Hoot Kloot series) © United Artists Corporation; 9Jan74
(in notice: 1973); LP43132.

LP43133.
Gold struck. A DePatie-Freleng production. Produced in
association with the Mirisch Cinema Company, Inc. 7 min., sd., color,
35 mm. (Hoot Kloot series) © United Artists Corporation; 16Jan74
(in notice: 1973); LP43133.

LP43134.
Busting. A Robert Chartoff-Irwin Winkler production. 92 min., sd.,
color, 35 mm. © United Artists Corporation; 15Nov73; LP43134.

LP43135.
Sleeper. A Jack Rollins-Charles H. Joffe production. 87 min., sd.,
color, 35 mm. © Jack Rollins and Charles H. Joffe Productions;
11Dec73; LP43135.

LP43136.
Jeremy. A Kenasset Film production. 90 min., sd., color, 35 mm.
© United Artists Corporation; 19Jun73; LP43136.
LP43137.
Aches and snakes. A DePatie-Freleng production. Produced in
association with the Mirisch Cinema Company, Inc. 7 min., sd., color,
35 mm. (The Blue Racer series) © United Artists Corporation;
10Aug73; LP43137.

LP43138.
Five on the black hand side. A Michael Tolan-Brock Peters
production. Produced in association with the Petersen Company. 96
min., sd., color, 35 mm. Based on the play originally produced by the
American Place Theatre. © United Artists Corporation & Five Hand
Company; 13Aug73; LP43138.

LP43139.
Cutter. 80 min., sd., color, 16 mm. (NBC mystery movie) ©
Universal City Studios, Inc.; 26Jan72; LP43139.

LP43140.
Requiem for young lovers. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 29Jan73; LP43140.

LP43141.
Why is a crooked letter. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 5Feb73;
LP43141.

LP43142.
A Girl named Tham. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 12Mar73;
LP43142.

LP43143.
Some people in a park. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 21Feb73;
LP43143.

LP43144.
Final semester. Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 5Mar73;
LP43144.

LP43145.
Charlie gave me your number. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 11Nov72; LP43145.

LP43146.
Sigh no more, lady. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 16Dec72;
LP43146.

LP43147.
A Piece of God. Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 9Dec72;
LP43147.
LP43148.
Libel is a dirty word. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 23Sep72;
LP43148.

LP43149.
The Trouble with Ralph. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 14Oct72; LP43149.

LP43150.
Journey through limbo. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 7Oct72; LP43150.

LP43151.
Five will get you six. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 21Oct72;
LP43151.

LP43152.
The First day of your life. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 25Nov72; LP43152.

LP43153.
Starting over again. Universal Studios. Produced in association
with Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 2Dec72;
LP43153.

LP43154.
Lines from an angry book. Universal Studios. Produced in
association with Groverton Productions, Ltd. 53 min., sd., color, 16
mm. (Owen Marshall, counselor at law) © Universal City Studios,
Inc.; 16Sep72; LP43154.

LP43155.
Hour of judgment. Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 30Sep72;
LP43155.

LP43156.
Who saw him die? Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 28Oct72;
LP43156.

LP43157.
Words of summer. Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 9Sep72;
LP43157.

LP43158.
Love child. Universal Studios. Produced in association with
Groverton Productions, Ltd. 53 min., sd., color, 16 mm. (Owen
Marshall, counselor at law) © Universal City Studios, Inc.; 4Nov72;
LP43158.

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