CRIMINAL PROCEDURE 508-007
Fall 2013
Adjunct Professor Clement McGovern
clement.mcgovern@usdoj.gov
work 202.305.0535
cell 301.325.5900
Introduction
This course will focus on the Constitutional law that defines permissible police
procedure in criminal investigations. The majority of the course will focus on the Fourth
Amendment right to be free of unreasonable search and seizure and the Fifth Amendment
privilege against self-incrimination. We will also discuss the Sixth amendment at the end
of the semester. Criminal procedure is a fascinating area of the law with personal
application and importance to anyone living in this country, and it is a particularly
dynamic and relevant area of the law following the events of September 11, 2001. I look
forward to exploring with you both the Supreme Court jurisprudence that has shaped this
field as well as personal, political and current events that bring it to life.
Casebook
Joshua Dressler and George C. Thomas III, Criminal Procedure: Investigating
Crime (West Publication, Fifth Edition). This paperback casebook is an unchanged
reprint of the first ten chapters of a hardcover casebook, Criminal Procedure: Principles,
Policies and Perspectives by the same authors. If you have access to the hardcover
casebook or choose to purchase it, you may use it instead of the paperback version.
Grading
Grades in the class will be based on the final exam and class participation. The
majority of your grade will derive from your performance on the final exam. Class
participation will be considered in your final grade which may be adjusted to reflect your
participation or lack thereof. Class participation will be graded on the quality of your
participation and not quantity. For the exam, any topic assigned for reading, whether
commented upon in class or not, is fair game, as is any issue discussed in class even if not
contained within the reading.
Attendance and Participation
I expect you to attend class regularly and to be prepared to participate. I also
realize that sometimes you cannot. If you fail to attend class with some frequency and
without sufficient explanation, you may be precluded from taking the final exam.
Laptops and the Internet
At the outset, laptop computers will be permitted to be used during class. Use of
the internet is forbidden once class starts. Obviously, this includes cell phones and other
electronic media capable of accessing the internet. Your grade may be impacted for
violation of this rule and I reserve the right to reconsider the use of laptops if this
becomes an issue.
Assignments:
The following reading assignments should be completed in preparation for the
class date listed. With the exception of some supplemental materials noted below that
will be made available, all reading assignments are from the Dressler and Thomas
casebook ("D&T"). Depending on the pace of class discussion, reading assignments may
be modified as needed. Additional reading assignments for the semester will be
provided once the course is underway.
August 26
D&T Fifth Edition: Skim pages 9-63. Read pages 64-75.
Course Introduction
Wolf v. Colorado, Weeks v. United States.
August 28
D&T Fifth Edition: 75-94.
Mapp v. Ohio, Katz v. United States.
Incorporation; Introduction to the Exclusionary Rule
What is a Search?
September 4
D&T Fifth Edition: 95-121.
United States v. White, Smith v. Maryland, United States v Jones
What is a Search?
September 9
D&T Fifth Edition: 121-150.
Kyllo v. United States, United States v. Karo, United States v. Jones
Finish with Search and ask “What is a Seizure?”
September 11 Labor Day
September 16 D&T Fifth Edition: 151-178.
Aguilar v. State of Texas, Spinelli v. United States, Illinois v. Gates.
The Substance of the Fifth Amendment and Probable Cause.
September 18 D&T Fifth Edition: 179-209.
Payton v. NY, Lo Ji Sales v. NY, Richards v. Wisconsin
Arrest Warrants and Search Warrants.
September 23 D&T Fifth Edition: 209-238 and Welsh v. Wisconsin, 446 US 740 (1984)
Warden v. Hayden, Chimel v. California, United States v. Robinson,
Kentucky v. King
Exigent Circumstances and Search Incident to Arrest
September 25 D&T Fifth Edition: 238-261.
New York v. Belton, Arizona v. Gant,
Thornton v. United States, 541 US 615 (2004)
Search Incident to Arrest - Automobiles
September 30 D&T Fifth Edition: 261-290.
Chambers v. Maroney, California v. Carney, United States v. Chadwick
Whren v. United States
Automobile Exception to Warrant Requirement and Cars and Containers
October 2
D&T Fifth Edition: 292-311.
California v. Acevedo, Horton v. California, Arizona v. Hicks
Cars and Containers (cont’d); Pretext, Plain View and Plain Touch
October 7
D&T Fifth Edition: 311-344 and United States v. Matlock, 415 US 164 (1974).
Schneckloth v. Bustamonte, Georgia v. Randolph, Illinois v. Rodriguez
Consent: Intro to Terry
October 9
D&T Fifth Edition: 344-375.
Terry v. Ohio, Dunaway v. New York
Drawing Lines after Terry
October 14
D&T Fifth Edition: 375-390 and Florida v. Bostick, 501 U.S. 429 (1991).
United States v. Mendenhall, United States v. Drayton
More line drawing
October 16
D&T Fifth Edition: 391-410.
California v. Hodari D., Alabama v. White, Illinois v. Wardlow
October 21
D&T Fifth Edition: 410-444 and New Jersey v. TLO, 469 U.S. 325 (1985).
Maryland v. Buie, Michigan v. Sitz, City of Indianaoplis v. Edmund,
Special Needs Doctrine and Sitz
October 23
D&T Fifth Edition: 445-467.
Rakas v. Illinois, Minnesota v. Carter
Standing
October 28
D&T Fifth Edition: 467-498.
U.S. v. Leon, Silverthorne v. United States, Murray v. United States,
and Wong Sun.
October 30
Introduction to Interrogations/Confessions
November 4
D&T Fifth Edition: 529-569.
Confessions: Brown, Spano, Chaves, Bram
November 6
D&T Fifth Edition 570-605.
Miranda, Quarles
Exceptions to Miranda: Quarles
November 11 D&T Fifth Edition 605-632.
Oregon v Elstad, Dickerson and Missouri v. Seibert
November 13 D&T Fifth Edition 632-650.
Oregon v. Mathaiason, Berkemer v. McCarty, Rhode Island v. Innis
Miranda Custody and Interrogation
November 18 D&T Fifth Edition 650-667.
North Carolina v. Butler, Edwards v. Arizona
Waiver of Rights
November 20 D&T Fifth Edition 692-721.
Sixth Amendment Right to Counsel: Massiah, Brewer, Patterson
November 25 D&T Fifth Edition 721-747
Massiah Waiver: McNeil v. Wisconsin, Kansas v. Ventris, Montejo v. Lousiana
November 27 D&T Fifth Edition 764-794
Eyewitness Identification Procedures
December 2
Review