Details, Details.

Criminal procedure law attempts to find balance between the individual’s rights protected by the Due Process model and the justice that is served by the Crime Control model. The reality of this idealistic and impossible goal all comes down to the details of definitions and specific instances, as Chapter Six: Criminal Procedure clearly explains.

Laws for criminal procedure are founded upon the Bill of Rights, state constitutions, federal and state statutes, and the 4^th, 5^th, 6^th, 8^th, and 14^th Amendments and have been haphazardly established by the Supreme Court on a case-by-case basis.

The 4^th Amendment in particular led to the creation of the warrant and reasonableness clauses, which state that all warrants must be based on “probable cause” and must specifically define the person or place to be searched. Probable cause exists when “the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed” (Brinegar v. United States 1949). The 4th Amendment, which protects against unreasonable searches and seizures, is also responsible for the "knock and announce" policy in the case of an arrest or search, with the exception of an immediate threat of serious harm to the officers or others (Tennessee v. Garner 1985).