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California Criminal Defense Practice
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-10 California Criminal Defense Practice 10.syn


Investigative Detention


Michael G. Millman;Charles M. Sevilla;and Barry Tarlow;Beth F. Holzman

Chapter Summary


This chapter discusses temporary investigative detention by law enforcement officers of persons suspected of criminal activity in circumstances falling short of probable cause for arrest. It also focuses on the nature and standard of investigative detention and the constitutional limitations on detention. It covers the permissible scope of interrogations and searches during detention, including traffic stops, and touches on the Miranda warning. The chapter also provides a checklist to determine the validity of an investigative detention; procedures for challenging the validity of a detention; and procedures for challenging searches arising from invalid searches.

Designed for practical application, California Criminal Defense Practice (Matthew Bender) provides in-depth analysis, court-tested strategies, and procedural guidance on every step of criminal defense. From search and seizure and arrest, through pretrial preparation, trial procedure, sentencing, and post-trial remedies, California Criminal Defense Practice is an unparalleled source of insight and expertise. It includes sample forms that can be readily adapted to the case at hand and step-by-step checklists for efficient evaluation of problems and review of procedures.


California criminal defense practice,investigative detention,temporary investigative detention,interrogations during detention,searches during detention,interrogations during traffic stops,searches during traffic stops,Miranda warning,invalid searches


For a discussion of the standards and procedures for arrest, see Chapter 11, Arrest.

For discussion of the basic concepts relevant to searches and seizures pursuant to investigative detentions and arrests, see Chapter 20, Principles of Search and Seizure.

Chapter 21, Search Warrants, covers detention of persons in a home during the execution of a search warrant.

See Chapter 22, Warrantless Searches, for discussion of the detention of persons attempting to enter the United States.


See Search and Seizure (Matthew Bender) for practice pointers and expert insight on such issues as reasonable expectation of privacy, consent, and probable cause, as well as current guidelines governing search and seizure in such specific circumstances as vehicles, professional offices, and airports.

See California Criminal Discovery (Matthew Bender) for practical discussion on virtually every criminal discovery subject that's likely to confront the courts and the criminal practitioner.

See Cotchett, California Courtroom Evidence (Matthew Bender) for the complete updated California Evidence Code, legislative history on each section, Law Revision Commission comments on most sections, relevant, insightful case annotations, and practical pointers from Joseph W. Cotchett, a highly regarded California trial lawyer and expert on evidentiary matters.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial; jury selection; and motions and objections relating to direct and cross-examination.

See Criminal Constitutional Law (Matthew Bender) for substantive discussion, as well as procedural guidelines, on the complex constitutional issues involved in criminal law.
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