Criminal Procedure Outline

An Introduction to the Criminal Justice Procedure 6

The Fourth Amendment: Interests at Stake 6

The Incorporation Debate: Applicability of the Bill of Rights to the States through the Fourteenth Amendment Due Process Clause 7

Duncan v. Louisiana 7

McDonald v. Chicago 8

Policing in Law and in Practice 8

The Exclusionary Rule 8

Wolf v. Colorado (Reversed by Mapp) 8

Mapp v. Ohio 9

US v. Leon 9

Massachusetts v. Sheppard 10

Herring v. US 10

Other cases on point 11

The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy I 11

US v. Jacobsen 11

Olmstead v. US (Reversed by Katz) 12

Katz v. US 12

Harlan test for Protected Privacy 13

Other Cases on Point 13

California v. Greenwood 13

The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy II 14

Florida v. Riley 16

Hypos on Searches 17

US v. Jones 17

Carpenter v. US 18

Florida v. Jardines 19

Protected vs. Unprotected Places 20

The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy III 21

US v. White – The Invited Eaar 21

Rakas v. Illinois 22

Minnesota v. Olson 23

Minnesota v. Carter 23

Justification: Probable Cause 24

Spinelli v. US 25

Illinois v. Gates 25

Maryland v. Pringle 26

Hypos 28

Justification: Reasonable Suspicion for Stop & Frisk 1 29

Terry v. Ohio 29

Florida v. JL 30

Illinois v. Wardlow 31

Florida v. Royer 31

US v. Drayton 32

Hypos 33

Justification: Reasonable Suspicion for Stop & Frisk II 34

NYC’s Stop and Frisk Policy 34

Brendlen v. CA 34

Rodriguez v. US 35

Floyd v. City of NY 35

Reasonableness Limits on Execution of Search/Seizure 36

Tennessee v. Garner 36

Scott v. Harris 37

Warrant Requirement: Warrantless Arrests and Searches of Persons 38

United States v. Watson 39

US v. Robinson (1973) 40

Whren v. US 41

Atwater v. City of Lago Vista 42

Special Needs Cases 43

Cases at inception of special needs doctrine 44

City of Indianapolis v. Edmond (2000) 45

Board of Ed of Pottwatomie County v. Earls 46

US v. Martinez-Fuerte 46

Administrative Searches 47

Maryland v. King 47

Warrantless Seizure and Searches of Premises/Persons 49

Payton v. New York – No warrantless arrests in the home 49

Searches Incident to Arrest 49

Chimel v. California – Scope of Search Pursuant to Lawful Arrest 50

Maryland v. Buie 51

Exigent Circumstances 52

Minnesota v. Olson – NO Exigency 52

Kentucky v. King – Exigency even though Police CREATED 53

Warrantless Seizure and Searches of Vehicles and Effects; Pretextual Searches 55

CA v. Carney 57

Arizona v. Gant 59

CA v. Acevedo 60

Wyoming v. Houghton 60

Colorado v. Bertine 61

Riley v. CA 62

Consent Searches 63

Consent Hypos 64

Schneckloth v. Bustamonte 64

Georgia v. Randolph 65

Plain View Seizures 66

Plain View Hypos 66

Arizona v. Hicks 67

Horton v. CA 68

Exclusionary Rule Revisited: Applying the Rule (Fruit of the Poisonous Tree and Impeachment) 69

The Fruit that Grows from the Illegal Tree 69

Wong Sun v. US 70

Taylor v. Alabama 70

Inevitable Discovery Doctrine 71

Nix v. Williams 71

Hudson v. Michigan 73

Herring v. US 73

Due Process “Voluntariness” Test for Admitting Confessions 73

Rogers v. US 77

Collective Entities 78

Hale v. Henkel 78

US v. Mandujano 79

Immunity 80

Kastigar v. US 80

Privilege Against Compelled Self-Incrimination: Tangible Objects 81

Fisher v. US 81

US v. Hubbell 82

Beasley v. US 83

The Due Process “Voluntariness” Test for Admitting Confessions: Massiah and Escobedo 83

Equal Protection gets cozy with Due Process 84

Ashcraft v. Tennessee (1944) 85

Spano v. NY 86

Massiah v. US 87

Escobedo v. Illinois 87

Miranda: The Court Builds a Confession Doctrine on the 5th Amendment – Applying and Explaining Miranda & The Meaning of “Custodial Interrogation” 88

The Cruel Trilemma 89

Miranda v. Arizona – Shift from ex post analysis of voluntariness to ex ante avoidance of coercive interrogation 89

Remedy for Miranda Violations 92

What constitutes “custody” or “custodial interrogation” for purposes of requiring Miranda warnings? 92

JDB v. North Carolina 93

Howes v. Fields 94

What constitutes “interrogation” within the meaning of Miranda? 94

Rhode Island v. Innis 94

Illinois v. Perkins 95

Applying and Explaining Miranda II 96

I. What is the “right to the assistance of counsel” under the 5^th amendment and how long does it last once it has been invoked? 96

What counts as invocation of the right to counsel? 97

What does it mean that you cannot resume interrogation until counsel has been “made available”? 97

What does “re-initiating” for purposes of right to counsel mean? 97

Can police ever re-initiate for purposes of right to counsel? 98

Maryland v. Shatzer 98

II. What counts as invoking the right to remain silent? 99

Berghuis v. Thompkins 99

Can your silence be used against you? 100

Salinas v. Texas 100

How long does the invocation of the right to remain silent last? 101

Applying and Explaining Miranda III 101

“Public Safety” Exception to Miranda Requirements 102

NY v. Quarles 102

US v. Patane 103

Missouri v. Seibert 103

Moran v. Burbine 104

Is Miranda a constitutional rule? 105

Dickerson v. US 105

Miranda is a TRIAL Right 106

Chavez v. Martinez 106

After Chavez, Miranda is ... 107

After Chavez, what may police do? 108

Massiah Revisited 109

The 6^th Amendment Revisited 109

Brewer v. Williams 109

Kuhlman v. Williams 110

Maine v. Moulton 111

In class exercise: Miranda 111

Review Session 111

An Introduction to the Criminal Justice Procedure

The Fourth Amendment: Interests at Stake

The Incorporation Debate: Applicability of the Bill of Rights to the States through the Fourteenth Amendment Due Process Clause

Timeline of Incorporation

1. Powell, Gideon, incorporated 6^th amendment right to counsel (1932, 1963)

   1. Argersinger incorporated right to counsel for imprison able misdemeanors

2. Duncan incorporated the 6^th amendment right to jury trial (1968)

3. Hogan incorporated the 5^th amendment (1964)

4. Wolf and Mapp incorporated the 4^th amendment (1949 and 1961)

   1. Ker incorporated the...

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