AAMPLE Summer 2010 Introduction to the Fourth Amendment Syllabus and Course Description Professor: Telephone: E-Mail I. Lynn McDowell (904) 680-7752 lmcdowell@fcsl.edu COURSE PURPOSES AND EXPECTED LEARNING OUTCOMES The primary purpose of this course is to assess your capacity for success in the study of law. In order to succeed in legal studies, a student must develop the ability to: 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 appropriate 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. This course is designed, as part of the AAMPLE admissions program, to assess your capacity for developing these skills and attaining mastery over these skills in a limited subset of Criminal Procedure focused on the Fourth Amendment to the United States Constitution. Since the purpose of the course is exclusively to assess your capacity for legal studies, the materials covered regarding the Fourth Amendment are significantly more limited than would be encountered in a regular law school class on Criminal Procedure. Your capacity for legal studies will be judged upon their performance on a written examination designed to test the above-listed skills as applied to the course material. II. COURSE MATERIALS Unless otherwise indicated, all readings are from the paperback textbook “Criminal Procedure: Investigating Crime” by Dressler & Thomas (3rd Edition, West 2006). Occasionally, additional readings may be posted on the Web-Ct Course Site. You should brief all of the cases listed in the syllabus below. After these cases you will find “notes” which analyze the main case 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. Additional weekly assignments, such as problems, quizzes and threaded discussion postings, will be distributed via the WebCt Course Site. All assignments are mandatory. III. COURSE REQUIREMENTS AND GRADING Just as in law school, class participation is an important aspect of this course. Everyone in the class is responsible for 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. There will be two multiple-choice review quizzes given during the course. These quizzes are mandatory but will not count toward the final grade. The final grade for the class will be based on a 3-hour, closed-book examination that will include both multiple choice and essay questions. IV. LIVE CHAT CLASS SCHEDULE The live classroom sessions for this course will be held on Mondays and Wednesdays beginning Monday, May 17th and ending Wednesday, June 16th. Professor McDowell’s Section C will meet from 5:00 to 7:00 P.M. There will be no live chat class on Monday, May 31st (Memorial Day). We will make up this missed class on Friday, June 4th. V. COURSE OUTLINE AND ASSIGNMENTS DATE TOPIC READING ASSIGNMENT Mon. 5-17 4th Amendment Overview What is a Search? pp. 53-58; pp. 75-93 Katz v. U.S.; U.S. v. White Wed. 5-19 What is a Search (continued) pp. 93-128 Smith v. Maryland; Kyllo v. U.S. Mon. 5-24 What is A Seizure? pp.128-131; pp. 379-383 U.S. v. Karo; California v. Hodari pp. 58-74 Weeks v. U.S.; Mapp v. Ohio The Exclusionary Rule Wed. 5-26 Friday, 5-28 Wed.6-2 Warrant Requirementt pp. 162-176 Payton v. New York QUIZ #1 Probable Cause pp. 132-162 Spinelli v. U.S.; Illinois v. Gates Fri. 6-4 Exceptions to Warrant Requirement Exigent Circumstances & Plain View pp. 203-209; pp.286 to 297 Warden v. Hayden; AZ v. Hicks; Horton v. CA Mon. 6-7 Consent Exception to Warrant Requirement pp. 297-332; Schneckloth v. Bustamonte Georgia v. Randolph; Illinois v. Rodriguez Wed. 6-9 Search Incident to Arrest Exception to Warr. Req. pp. 209-237; Chimel v. CA; U.S. v. Robinson; N.Y. v. Belton Fri.6-11 QUIZ #2 Mon. 6-14 Pretextual Stops Auto Exception to Warr. Req. Begin the Terry Doctrine pp. 244-267; Whren v. U.S.; Chambers v. Maroney; CA v. Carney pp. 338-348; Terry v. Ohio Wed. 6-16 The Terry Doctrine and Reasonable Suspicion pp. 348-363; pp. 383-399 Dunaway v. N.Y; Alabama v. White; Illinois v. Wardlow FINAL EXAMINATION---JUNE 21st