Course Description and Objectives

This class examines the constitutional rules and principles that help shape the law of criminal procedure. Issues covered include bail, preliminary hearings, trial rights, line-ups, right to counsel, the role and duties of the prosecutor, police interrogations, and search and seizure, among others. Principal attention is given to United States Supreme Court rulings involving the application and scope of federal constitutional rights. However, we also consider state constitutional law with respect to select issues. Students should expect to enhance their knowledge of constitutional doctrine that is fundamental to criminal procedure law and sharpen their analytical skills through studying and discussing case decisions.

Course Requirements

All readings must be completed in advance of the classes for which they are assigned. The class will rely heavily on students’ discussion and questions.

A research paper approximately 10 pages in length is due at the beginning of class on Nov. 13. The paper must address a current event involving an issue relevant to constitutional criminal procedure that has been reported in the newspapers during calendar year 2002. You are free to use any database or printed source to locate an appropriate news story. Your paper must describe the relevant facts and then provide a thorough analysis of the involved legal issue, relying on appropriate primary and secondary legal authorities (e.g., cases, law review articles, etc.) and other references. You must cite all references on which your paper relies and make appropriate attribution for both quoted material and information gleaned from the references. Students should utilize Westlaw, other legal references, and additional research materials as appropriate. A topic sentence describing the subject of the paper, along with a photocopy or a printout of a corresponding newspaper article providing details about the current event must be submitted for approval not later than the beginning of class on Sept. 18. The grade earned on the paper will count as 25% of the course grade.

Three examinations will be administered, each counting as 25% of the final course grade. All exams are open-note and open-book. The examinations are not cumulative. The third exam will be scheduled during the Final Examinations period.

All grades of Incomplete received in the class must be satisfied not later than August 1, 2003.

Required Readings

Lloyd L. Weinreb (ed.), Leading Constitutional Cases on Criminal Justice (Foundation Press 2002) (available at Mary Jane Books, 215 Western Avenue)

Neil C. McCabe & Catherine G. Burnett (eds.), State Constitutional Criminal Procedure (John Marshall Publishing Co. 1994) (course packet) (available at Mary Jane Books, 215 Western Avenue)

Supplemental Course Packet (edited judicial decisions, available at Coughtry’s, 268 Central Avenue—next to the corner of North Lake Street and Central Avenue)

Tentative Schedule of Class Assignments

The following schedule of class assignments is subject to change. Advance notice of any changes will be provided. Please note: examinations will be given during extended class hours (9:00-12:00).

Readings are identified as follows: Weinreb—W

McCabe & Burnett—M & B

Supplemental course packet—Supp.

Sept. 4 Introduction; Federal and State Constitutions

Palko v. Connecticut (1937) W—3

Adamson v. California (1947) W—8

Duncan v. Louisiana (1968) W—41

State Constitutional Issues: M & B 21-25 (Raising and briefing issues)

33-40 (Lockstep)

40-42 (Dualist)

42-46 (Supplemental/Interstitial)

46-48 (Primacy)

Sept. 9 No Class

Sept. 11 The Early Stages of the Criminal Justice Process: Judicial Determination

of Probable Cause (Gerstein Review); Preliminary Hearing; Bail

Gerstein v. Pugh (1975) W—853

County of Riverside v. McLaughlin (1991) W—861

M & B 242-248

Coleman v. Alabama (1970) W—848

Stack v. Boyle (1951) W—867

United States v. Salerno (1987) W—870

M & B 378-383

Sept. 16 No Class

Sept. 18 Speedy Trial; Pretrial Publicity; Public Trials

United States v. Marion (1971) W—894

Barker v. Wingo (1972) W—900

M & B 374-378

Sheppard v. Maxwell (1966) W—968

Richmond Newspapers, Inc. v. Virginia (1981) W—976

Sept. 23 Line-Ups and Show-Ups

United States v. Wade (1967) W—821

Kirby v. Illinois (1972) W—833

M & B 311-312

Simmons v. United States (1968) W—838

M & B 313-320

Neil v. Biggers (1972) W—844

Sept. 25 The Accused’s Right to Counsel: Trial and Beyond

Powell v. Alabama (1932) W—560

Betts v. Brady (1942) W—570

Gideon v. Wainwright (1963) W—574

Argersinger v. Hamlin (1972) W—585

Scott v. Illinois (1979) Supp.

Alabama v. Shelton (2002) Supp.

Douglas v. California (1963) W—578

Ross v. Moffitt (1974) W—596

Sept. 30 Effective Assistance of Counsel; The Right of Self-Representation; Plea

Bargaining

Strickland v. Washington (1984) W—611

Nix v. Whiteside (1986) W—626

Faretta v. California (1975) W—635

Bordenkircher v. Hayes (1978) W—922

Oct. 2 Prosecutor and Police: Exculpatory Evidence and Destruction of Evidence

Miller v. Pate (1967) Supp.

Brady v. Maryland (1963) Supp.

United States v. Agurs (1976) W—1023

Kyles v. Whitley (1995) Supp.

M & B 385-390

Arizona v. Youngblood (1988) W—1031

M & B 405-408

Oct. 7 Exam I (Note: class meets 9:00-12:00)

Oct. 9 The Right Against Compelled Self-Incrimination: Voluntariness;

Miranda; Custody

Brown v. Mississippi (1936) W—642

Spano v. New York (1959) W—648

Miranda v. Arizona (1966) W—700

Oregon v. Mathiason (1977) W—743

Berkemer v. McCarty (1984) Supp.

Oct. 14 Custody; Interrogation; The “Warnings”; Invocation of Rights

Illinois v. Perkins (1990) W—739

Rhode Island v. Innis (1980) W—733

Duckworth v. Egan (1989) Supp.

Fare v. Michael C. (1979) Supp.

M & B 299-303

Oct. 16 Invocation and Waiver of Rights

Michigan v. Mosley (1975) Supp.

Edwards v. Arizona (1981) Supp.

Oregon v. Bradshaw (1983) Supp.

Davis v. United States (1994) Supp.

Minnick v. Mississippi (1990) Supp.

Moran v. Burbine (1986) W—719

Oct. 21 Invocation and Waiver; Impeachment

Oregon v. Elstad (1985) W—757

M & B 249-260

Colorado v. Spring (1987) Supp.

Harris v. New York (1971) W—746

Oregon v. Hass (1975) Supp.

M & B 266-269

Doyle v. Ohio (1976) W—753

M & B 266-269

Oct. 23 Voluntariness; The Public Safety Exception

Fare v. Michael C. (1979) Supp.

Mincey v. Arizona (1978) Supp.

Colorado v. Connelly (1986) W—655

Dickerson v. United States (2000) Supp.

New York v. Quarles (1984) Supp.

Oct. 28 Nontestimonial Evidence; Sixth Amendment Issues

Schmerber v. California (1966) W—766-770; 773-775 (only 5^th

Amendment issues and Black, J., dissent)

Brewer v. Williams (1977) W—669

United States v. Henry (1980) Supp.

Kuhlmann v. Wilson (1986) Supp.

Oct. 30 Exam II (Note: class meets 9:00-12:00)

Nov. 4 The Fourth Amendment: Searches and Reasonable Expectations of

Privacy

Katz v. United States (1967) W—524

California v. Greenwood (1988) W—271

M & B 115-135

Kyllo v. United States (2001) W—537

Nov. 6 The Open Fields Doctrine; The Exclusionary Rule

Oliver v. United States (1984) W—278

M & B 87-110

Wolf v. Colorado (1949) W—334

Mapp v. Ohio (1961) W—340

United States v. Leon (1984) W—354

M & B 59-68

Nov. 11 No Class

Nov. 13 Fruit of the Poisonous Tree; Inevitable Discovery; Standing

Wong Sun v. United States (1963) W—405

Nix v. Williams (1984) W—372

Rakas v. Illinois (1978) W—381

Minnesota v. Olson (1990) W—391

Minnesota v. Carter (1998) W—397

Nov. 18 Probable Cause to Arrest; Search Incident to Lawful Arrest

Draper v. United States (1959) W—56

Whren v. United States (1996) W—72

United States v. Robinson (1973) W—149

Atwater v. City of Lago Vista (2001) W—64

Nov. 20 Stop and Frisk: Terry v. Ohio; Reasonable Suspicion

Terry v. Ohio (1968) W—413

Sibron v. New York, Peters v. New York (1968) Supp.

Adams v. Williams (1974) W—428

Alabama v. White (1990) Supp.

Florida v. J.L. (2000) W—436

Illinois v. Wardlow (2000) W—440

Nov. 25 “Seizures”; Scope of a Frisk

California v. Hodari D. (1991) W—84

M & B 216-220; 225-231

United States v. Sharpe (1985) W—457

Minnesota v. Dickerson (1993) W—451

M & B 172-176

Maryland v. Buie (1990) W—126

Nov. 27 No Class

Dec. 2 Search Warrants and Probable Cause; Execution of Search Warrants;

Search Incident to Lawful Arrest

Illinois v. Gates (1983) W—99

M & B 162-172

Illinois v. McArthur (2001) W—201

Wilson v. Arkansas (1995) W—109

Chimel v. California (1969) W—114

United States v. Chadwick (1977) W—163

Dec. 4 Search Incident to Lawful Arrest; Consent

New York v. Belton (1981) Supp.

M & B 191-203

Knowles v. Iowa (1998) W—160

United States v. Drayton (2002) W—233

M & B 214-216

United States v. Matlock (1974) W—242

Illinois v. Rodriguez (1990) W—246

Dec. 9 Hot Pursuit; Plain View

Warden v. Hayden (1967) W—192-194 (only)

Welsh v. Wisconsin (1984) Supp.

Arizona v. Hicks (1987) W—253

Horton v. California (1990) W—262

Dec. 11 Automobile and Inventory Searches

Chambers v. Maroney (1970) W—134

California v. Acevedo (1991) W—170

M & B 183-191

Wyoming v. Houghton (1999) Supp.

South Dakota v. Opperman (1976) W—141

Note: Exam III will be scheduled during the Final Examinations period (3 hours)