Criminal Procedure I (LAW-508-005)
Assessment:In-class, essay questions. In-class, multiple-choice questions. In-class, true/false questions. Class participation.
A study of the federal Constitutional limitations imposed upon law enforcement officers in criminal investigations, arrests and prosecutions. Particular focus will be on the Fourth, Fifth, and Fourteenth Amendments as interpreted by the Supreme Court. Study will include the meaning of probable cause, the exclusionary rule, search and seizure, search warrants, exceptions to the warrant requirement, stop and frisk, invasions of the home and personal property, consent, interrogations, the Miranda warnings, due process limits on interrogation, and the fruit of the poisonous tree doctrine. At its core, criminal procedure analyzes the power of the state to intrude upon the rights of the individual, and thus this course has application to daily life and is important even for those who are not intending to practice criminal law.
Textbooks and Other Materials
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Myron Moskovitz, Cases and Problems in Criminal Procedure: The Police (6th Ed.), LexisNexis 2014, and 2015 Supplement (posted on class webpage).
First Class Readings
Introduction Probable Cause U.S. v. Draper (S. Ct. 1959) Aguilar v. Texas (S. Ct. 1964) Illinois v. Gates (S. Ct. 1983) Florida v. Harris (S. Ct. 2013) CW v. Dunlap (Pa. S. Ct. 2007) Pennsylvania v. Dunlap (S. Ct. 2008) 1 - 62 [65 pp.]
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