CRIMINAL PROCEDURE 311A
Spring 2007
Professor David Frakt
Section 311A
Office Location:
Office Hours:
Monday and Wednesday 2:45 PM to 4:15 PM, Room 110
Room 302 Q
Monday and Wed 1:00 – 2:30 and 4:15 to 5:15, plus Thursday 4:00 – 6:00, walk-in or by
appointment. Sign up at faculty secretary desk for an appointment (714) 459-1159. Other
times are available
Office Phone number:
(714) 459-1150 E-mail: dfrakt@wsulaw.edu
Required textbooks:
James J. Tomkovicz and Welsh S. White. Criminal Procedure: Constitutional Constraints
Upon Investigation and Proof, 5th ed 2004, LexisNexis, Plus 2006 Letter Update
COURSE DESCRIPTION: An examination and analysis of constitutional principles governing the admissibility of
evidence in criminal proceedings and regulating the conduct of police investigation and criminal prosecutions, primarily
focusing on the pre-trial stages. Subjects include the exclusionary rule; probable cause; arrest; search and seizure;
electronic surveillance; compelled self-incrimination, immunity, and confessions, identification, right to counsel, and
entrapment
GOALS OF THE COURSE: Students will become familiar with the Fourth, Fifth and Sixth Amendments to the
Constitution, and the Due Process Clause of the Fourteenth Amendment and how the Supreme Court has applied these
provisions to set the ground rules for the police in their efforts to prevent, detect, investigate and prosecute crime while
protecting the rights of the criminally accused. Students will better understand the role of the police, the prosecutor,
defense counsel and the judiciary in the criminal justice process. Students will further develop their understanding of
the reasoning processes used by the Supreme Court in interpreting the Constitution, and will learn to apply Court
developed tests such as “reasonable expectations of privacy” and “totality of the circumstances” to complex fact
patterns using existing precedents to predict likely outcomes. Students will further their ability to analogize and
distinguish cases. Students will develop their oral advocacy skills by in-class participation.
CONDUCT OF THE CLASS:
This course meets for three hours each week for 14 weeks for a total of 42 hours.
Absences, including tardiness, and lack of preparation: Students are expected to be present and ready to participate
at each class, to be seated in class before the time the class is scheduled to begin and to stay during the entire period. A
late arrival or early leaving of the classroom before the conclusion of the class period, or failure to be prepared to
participate in class discussions, may be treated as an absence. There are no “excused” absences, although I would
appreciate advance notice if you believe you are going to have to miss a class. Students who are absent more than four
day sessions will be dropped from the class, absent extraordinary extenuating circumstances.
Participation: Students should be prepared to brief and discuss the cases assigned and discuss the notes and questions
in the day’s assignment, as well as assigned problems from the end of each chapter. This class is very different from
my Criminal Law in that it is critical to read and understand each case that is assigned, as all the rules you will learn are
derived directly from the cases. Failure to take an active role in class discussions may result in a reduction in the final
course grade. Outstanding participation may result in an increase in your final course grade. Please volunteer early and
often. It is better to volunteer when you have something to say then to wait for me to call on you involuntarily when
you might not have anything to say.
Course Webpage: Additional assignments, such as weekly problems, announcements and course materials, will be
posted on the course webpage, found on LexisNexis Webcourses, Course #125650. Please register for the webpage.
Briefs: A brief should be just that – brief. Here’s some hints about what I’m looking for when I ask you to brief a case.
Your brief should contain sufficient information for you to recall the case, but should only include those things that are
relevant to the resolution of the case, such as
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a.
b.
c.
d.
e.
f.
g.
h.
The procedural history of the case – how did it get here? Who is appealing what? What happened
below? What was the accused convicted of?
The issue or issues that the court must decide.
The specific language of the Constitution that the court is interpreting.
The facts relevant to the decision.
The arguments made by the government.
The arguments made by the defense.
The ruling by the court, and the underlying rationale(s) used by the court in reaching its decision.
(Why did the court decide the way it did? Was it merely applying prior concepts to the facts? Was it
changing the law is some aspect because of policy? Was it deciding the case based on and consistent
with prior decisions or overruling past decisions?)
Other concurring opinions, or dissenting opinions. (Note the basis for the other opinions.)
Please try to use plain, simple language in briefing the case.
EXAMINATIONS AND GRADING:
Each student will receive a numeric grade for the course. The course grade
will consist of two closed-book examinations administered during the semester; a 60-90 minute midterm examination
and a three-hour final examination. The midterm examination will cover the 4th Amendment issues covered in the First
half of the course and the final will be cumulative of the entire course. The final examination will consist of one or two
written essays and possibly some multiple choice questions (I’ll let you know as we get closer to the exam). The
midterm examination will account for 25% of your final course grade and the final examination accounts for 75%.
READING ASSIGNMENTS:
In addition to the cases, all notes, comments and questions on the pages assigned in the casebook, must be
read. They may form the basis for some of our classroom discussions. This is a Working Syllabus. There
may be some adjustments as we go along, depending on the pace of the course. If so, I will announce the
changes in class and put a notice on the website.
The readings are currently broken down by week. I will try to break the readings down for each specific
class as we go along. I will also announce assigned problems each week.
Week 1
Read Entire Introduction:
Read All of Chapter 1: Fourth Amendment searches, the threshold question: Is it a search?
We will cover all cases except Bond v. U.S.
Problems 1-2, 1-4, 1-6, 1-9
Week 2: Probable Cause
Chapter 2 – All
Week 3: The Warrant Requirement
All of Chapter 3, plus U.S. v. Grubbs, (anticipatory warrants) from Textbook update, p. 3
Week 4
Chapter 4
Part A all cases – Searches incident to arrest
Part B – Exigent Circumstances, read Warden v. Hayden, skip Vale v. La, read note on Brigham City, Utah
v. Stuart in textbook update p. 24
Part C , read Chambers, Carney, Chadwick, Acevedo, Houghton
Skip Coolidge, White
Week 5
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Chapter 4 – Inventory Searches
Part D, Skip Lafayette
Part E, Skip Robinette and Matlock, add Georgia v. Randolph from textbook update, p. 8
Part F – All
Week 6
Chapter 5
A 1, 2, and 3
Week 7
Chapter 5
Part A 4
Skip Hayes, Sharp and Place (pp 453-474)
Read the rest of the cases
Part B and C – Skip All
Week 8
Monday – Catch-up and review session
Midterm Wednesday March 7th Will cover 4th Amendment only
Week 9
Chapter 7
Skip Ashcraft, read the rest
Chapter 8, Part A all
Week 10
Chapter 8
Part B-E All
Week 11
Chapter 9
Chapter 10
Week 12
Chapter 11
Chapter 12
Week 13
Chapter 13
Chapter 14, Parts A and B
Week 14
Chapter 14, Parts C, D and E, skip Havens and James v. Illinois
Add Hudson v. Michigan textbook update page 27
Last Class meets Wed, April 25.
Review Session – tentatively scheduled for Monday April 30, regular classtime (depending on your exam
schedule)
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