I’m happy to announce the publication of the 12th Edition of the criminal procedure casebook that Yale Kamisar first assembled in 1965: Modern Criminal Procedure, now with LaFave, Israel, King, & (gulp) Kerr. The Table of Contents is available here.
My contribution to the 12th Edition was a complete rewrite of Chapters 7 and 8. Back in the Eleventh Edition, Chapter 7 was entitled “Wiretapping, Electronic Eavesdropping, the Use of Secret Agents to Obtain Incriminating Statements, and the Fourth Amendment.” It broadly covered surveillance law. Chapter 8 was titled “Police Encouragement and the Defense of Entrapment,” and it covered entrapment law.
In the new Twelfth Edition, Chapter 7 is titled “Undercover Investigations.” The chapter considers the legal issues raised by undercover cases, specifically use of secret agents under the Fourth Amendment and the entrapment defense. (As you might guess from my recent draft The Case for the Third Party Doctrine, I see the entrapment defense as a response to the secret agent cases; therefore I think it makes the most sense to treat the two together under the general heading of undercover operations.)
The new Chapter 8 is called “Network Surveillance,” and it covers all the legal issues raised by collecting evidence from communications networks such as the postal service, the telephone network, and the Internet. It starts with the Fourth Amendment issues raised by such surveillance, and then covers the statutory surveillance issues (Title III, the Stored Communications Act, and the Pen Register statute).
As with past editions, the massive tome that is “Modern Criminal Procedure” will be divided into two parts: the investigative part, “Basic Criminal Procedure,” and the adjudicative part, “Advanced Criminal Procedure.” Both should be out in just a few weeks. And finally, let me point out the obvious: It’s a tremendous honor to be associated with such wonderful co-authors and such an influential work. Cf. Rothgery v. Gillespie County, slip op. at 8.