CRIMINAL PROCEDURE 311A & C
SPRING, 2009
SYLLABUS
Professor Wallace Wade
Section A: Tuesday 1:00pm-2:30pm and Thursday 1:00pm-2:30pm Room TBA
Section C: Wednesday 6:30pm-9:45pm. Room TBA
Telephone:
714-459-1153 (school) 949-283-4538 (cell)
E-mail:
wwade@wsulaw.edu
Office Hours: Tuesday: 9am-10:30am;
Wednesday: 2pm-5pm;
Thursday: 2:15pm-4:15pm (if no special events scheduled)
Or by special appointment. Arrange by email request.
Students may set up an appointment at other times by contacting me directly by
email if you cannot make it to regular office hours. Please let me know by
calling my cell phone if you know you will not be attending office hours for
which you have made an appointment. In making an appointment either by
signing up in the appointment book for regular office hours or by requesting a
special appointment outside normal office hours, please include your cell phone
number so that I can call you if I am delayed or have an emergency.
Course Materials:
The following book is required:
Tomkovicz and White, Criminal Procedure: Constitutional Constraints Upon
Investigation and Proof, 6th Edition (LexisNexis)
The following materials are recommended for reference
Dressler: Understanding Criminal Procedure, 4th Edition Volume 1 (Lexis Publishing)
Dressler: Sum & Substance Audio on Criminal Procedure with Summary Supplement
(MP3) (Audio CD) 7 CD Set
Page 1
January 13, 14(C) and 15, 2009
Week 1: Introduction, Administrative Details, Introduction to Criminal Procedure, Fourth
Amendment Searches: Is it a “search?”
Readings:
Introduction and Chapter 1: Fourth Amendment searches, the threshold question: Is it a search?
--all cases except Bond v. U.S.
Problems 1-2, 1-4, 1-6, 1-9
January 20, 21(C), and 22, 2009
Week 2: Probable Cause
Readings:
Chapter 2 – Problems 2-3, 2-4, 2-5, 2-6
January 27, 28(C), and 29, 2009
Week 3: The Warrant Requirement
Readings:
Chapter 3, plus U.S. v. Grubbs, (anticipatory warrants) from Textbook update, p. 3
Problems 3-2, 3-3, 3-4, 3-5, 3-7, 3-8
February 3,4(C), and 5, 2009
Week 4: Searches Incident to Arrest, Exigency, Vehicle and Container Searches
Readings:
Chapter 4
-Part A all cases - Searches incident to arrest. Problems 4A2, 4A3, 4A4, 4A6
-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 Read Problems 4B2 and 4B3
-Part C , read Chambers, Carney, Chadwick, Acevedo, Houghton -Skip Coolidge, White. Problems
4C3, 4C4, 4C6.
February 10, 11(C), and 12, 2009
Week 5: Inventory, Consent and Plain View Searches
Readings:
-Chapter 4 - Inventory Searches
-Part D, Skip Lafayette
-Part E, Skip Robinette and Matlock, add Georgia v. Randolph from textbook update, p. 8. Problems
4E1, 4E2, 4E5.
-Part F – All. Problems 4F1, 4F4
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February 17,18(C), and 19, 2009
Week 6: Stop and Frisk Issues and the Balancing Approach.
Readings:
-Chapter 5, Parts A1, A2 and A3
Problems : 5A1, 5A2, 5A3.
February 24, 25(C), and 26, 2009
Week 7: Scope of Stop and Frisk and the Balancing Approach continued
Readings:
-Chapter 5
---Part A4 -Skip Hayes, Sharp and Place (pp 453-474) Read the rest of the cases
---Parts B and C
Problems: 4A11, 5A13, 5A21, 5A25, 5A26
March 3, 4(C), and 5, 2009
Week 8: Catch-up and review session
March 4: Midterm Thursday March 6th
March 10, 11(C), and 12, 2009
Week 9: The Fifth Amendment: Confessions, Voluntariness and Introduction to Miranda
Readings:
-Chapter 7 (Skip Ashcraft, read the rest)
-Chapter 8, Part A all
Problems: 7-2, 7-3, 7-4; 8A1, 8A2, 8A3, 8A4.
March 16 through 22, 2009
SEMESTER BREAK-- NO CLASSES
Enjoy!
March 24, 25(C), and 26, 2009
Week 10: Miranda Elements Elaborated
Readings:
-Chapter 8 -Part B-E All
Problems: 8B1, 8B3, 8B6. 8C1, 8C2, 8C3, 8C4, 8C5, 8D1, 8D4, 8D6, 8E1 through 8E6.
March 31, April 1(C) and 2, 2009
Week 11: Sixth Amendment Right to Assistance of Counsel
Readings:
-Chapter 9
-Chapter 10
Problems: 10-2, 10-6, 10-9
Page 3
April 7, 8(C), and 9, 2009
Week 12: Identification Procedures, Right to Counsel and Due Process
Readings:
-Chapter 11
-Chapter 12
Problems: 11-2, 11-4, 11-6, 12-1, 12-6, 12-7
April 14, 15(C), and 16, 2009
Week 13: The Exclusionary Rule Detailed: Standing, Independent Source and Inevitable
Discovery.
Readings:
-Chapter 13
-Chapter 14, Parts A and B
Problems: 14A2, 14A3, 14A5, 14A8, 14B2, 14B5, 14B7.
April 21, 22(C), and 23, 2009
Week 14:
Readings:
-Chapter 14, Parts C, D and E, skip Havens and James v. Illinois
-Add Hudson v. Michigan textbook update page 27
Review Session
April 28 through May 1, 2008
READING PERIOD—NO CLASSES
May 2 through May 15, 2008
FINAL EXAM WEEK
Date of our Final to be Announced.
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