AAMPLE – Introduction to the Fourth Amendment
Summer 2010 Syllabus
April 2, 2010
PROFESSOR:
OFFICE:
PHONE:
E-MAIL:
Marc C. McAllister
Room 522 (Florida Coastal)
(904) 680-7746
mmcallister@fcsl.edu
CLASS SESSIONS:
Monday / Wednesday, 2:30 – 4:30 p.m.
REQUIRED TEXT

Joshua Dressler & George C. Thomas III, Criminal Procedure: Investigating Crime, Third Edition
(Thomson West 2006), ISBN 978-0-3141-6664-7.
RECOMMENDED TEXTS



Joshua Dressler & Alan C. Michaels, Understanding Criminal Procedure: Volume 1: Investigation,
Fourth Edition (LexisNexis 2006).
Charles R. Calleros, Law School Exams: Preparing and Writing to Win (Aspen 2007).
Robert Bloom & Mark Brodin, Criminal Procedure, Examples and Explanations, (Aspen 2007).
COURSE DESCRIPTION
The law of Criminal Procedure is typically divided into two parts: investigation and adjudication. This
course focuses on investigation, and deals primarily with the interactions between the police and those
suspected of criminal activity. In this course, we will examine federal case law interpreting the Fourth
Amendment. Since the purpose of this course is to assess each student’s capacity for legal studies, the
materials covered regarding the Fourth Amendment are more limited than would be encountered in a
regular law school Criminal Procedure course.
COURSE PURPOSES AND EXPECTED LEARNING OUTCOMES
As part of the AAMPLE admissions program, the primary purpose of this course is to assess student capacity
for success in the study of law. In order to succeed in legal studies, a student must develop the ability to
engage in the following lawyering skills:
1) Analyze appellate opinions in order to extract relevant principles and rules, draw analogies and
distinctions, and develop legal arguments.
2) Articulate important doctrinal rules, standards, and principles from memory; explain what they
mean; and provide adequate examples.
3) Demonstrate a practical understanding of legal principles by recognizing issues of law and applying
relevant standards and rules when presented in hypothetical and unfamiliar fact patterns.
4) Communicate, orally and in writing, appropriate legal and factual arguments in support of each side
of legal controversies.
Each student’s capacity for legal studies will be judged upon his or her performance on a written
examination designed to test these critical lawyering skills as applied to the course material.
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GRADING
PREPARATION AND PARTICIPATION: Just as in law school, class participation is an important aspect of
this course. Everyone in the class is responsible for reading and briefing the assigned cases, thinking
about their significance, preparing assigned problems, and actively participating in on-line class
meetings (“Live Classroom”).
Good faith completion of all assignments and quizzes, and participation in all scheduled class
meetings, is mandatory. A student who fails to complete assignments or fails to participate
adequately may be excluded from the course (and the final exam) in accordance with the AAMPLE
participation policy.
REVIEW QUIZZES: There will be two multiple-choice review quizzes administered during the course.
These quizzes are mandatory, but will not count toward the final grade.
FINAL GRADE: Your final course grade will be determined by your performance on a 3-hour, closedbook examination that will include both multiple choice and essay questions.
QUIZ AND EXAM DATES
 First Quiz
 Second Quiz
 Final Exam
Friday, May 28, 2010
Friday, June 11, 2010
Monday, June 21, 2010
LIVE CHAT CLASS SCHEDULE
The live classroom sessions for this course will be held on Mondays and Wednesdays. The classroom
sessions will begin Monday, May 17, 2010, and will end Wednesday, June 16, 2010.
You will have an opportunity to discuss the course with me on Wednesday, May 12, 2010, from 2:30 p.m. –
4:30 p.m. During this session, I will be happy to answer questions regarding the content and design of this
course, useful study techniques, law school in general, and the practice of law.
There will be no live chat class on Monday, May 31, 2010 (Memorial Day). We will make up this missed
class Friday, June 4, 2010 (see reading schedule below for details).
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READING ASSIGNMENTS
The order of required reading assignments is set forth below. I may also post handouts on the Lexis Course
Web Page to supplement the assigned reading. All reading assignments are mandatory. I will assume you
have read all of the assigned material and are thoroughly prepared to discuss the material in class.
You should read and brief all of the cases listed in the syllabus below. After these cases you will find
“notes” which analyze the main cases and discuss additional cases relevant to that topic. You must also
study this note material carefully. You are responsible for, and may be tested upon, all pages assigned.
DATE
Mon., May 17
TOPIC
Fourth Amendment Overview; The Exclusionary Rule as Remedy
for Fourth Amendment Violations
READING ASSIGNMENT
Text, pages 53-74, and
pages 174-181
Wolf v. Colorado, Weeks v. U.S., Mapp v. Ohio
Wed., May 19
Interpreting the Text: What is a “Search?,” What is a “Seizure?,”
and The Warrant Requirement
Text, pages 75-83, 128131, 379-383, and 162-174
Katz v. U.S., U.S. v. Karo, California v. Hodari D., Payton v. New York
Mon., May 24
Katz in Application: Part 1 (electronic listening devices and pen registers)
Text, pages 83-105
U.S. v. White, Smith v. Maryland
Wed., May 26
Katz in Application: Part 2 (curtilage vs. open fields; sense-enhancing
Text, pages 105-128
technologies)
Kyllo v. U.S.
Wed., June 2
Probable Cause
Text, pages 132-162
Spinelli v. U.S., Illinois v. Gates
Friday, June 4
Warrant Requirement Exceptions: Exigent Circumstances and Plain
View
Text, pages 203-209
(exigent circumstances);
and 286-297 (plain view)
Warden v. Hayden, Arizona v. Hicks, Horton v. California
Mon., June 7
Consent Exception to Warrant Requirement: Voluntary Consent
and Third-Party Consent
Text, pages 297-332
Schneckloth v. Bustamonte, Georgia v. Randolph, Illinois v. Rodriguez
Wed., June 9
Searches Incident to Arrest as Exception to Warrant Requirement
Text, pages 209-237
Chimel v. California, U.S. v. Robinson, New York v. Belton, Arizona v.
Gant (Note: Gant opinion is posted on Lexis Course Web Page)
Mon., June 14
Pretextual Searches, Searches of Cars and Containers
Text, pages 244-277
Whren v. U.S., Chambers v. Maroney, California v. Carney, U.S. v.
Chadwick
Wed., June 16
The Terry Doctrine and Reasonable Suspicion
Text, pages 338-363, 394399
Terry v. Ohio, Dunaway v. New York, Illinois v. Wardlow
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