Overview
To ensure that you have the most up-to-date and complete materials for your Criminal Procedure class, be sure to use Criminal Procedures: Cases, Statutes, and Executive Materials, 2009 Supplement.
Synopsis
• The Border of Criminal Procedure: Daily Interactions Between Citizens and Police
• Police as Community Caretakers
• Traditional and Community Policing
• Brief Searches and Stops
• Brief Investigative Stops of Suspects
• Consensual Encounters and "Stops"
• Grounds for Stops: Articulable, Reasonable Suspicion
Problem 2-1A. Asset Management
• Gathering Information Without Searching
• Brief Searches of Individuals
• Frisks for Weapons
• Scope of a Terry Search
• Full Searches of People and Places: Basic Concepts
• Probable Cause
• Defining Probable Cause
• Sources of Information to Support Probable Cause
Problem 3-2A: Corroboration Behind Walls
• Warrants
• The Warrant Requirement and Exigent Circumstances
• Requirements for Obtaining Warrants
• Execution of Warrants
• Consensual Searches
• Components of a Voluntary Choice
Krause v. Commonwealth (Ky. 2006)
• Third Party Consent
Problem 3-12. Gated Community
Problem 3-13. Prospective Consent
• Searches in Recurring Contexts
• "Persons"
• Searches Incident to Arrest
• "Houses" and Other Places
• Schools and Prisons
Safford United School District #1 v. Redding (U.S. 2009)
• "Papers"
• "Effects"
• Cars and Containers
Arizona v. Gant (2009)
• Arrests
• Stop orArrest?
• Paper Arrests: Citations
Virginia v. Moore (U.S. 2008)
• Use of Force in Making Arrests
Scott v. Harris (U.S. 2007)
• Remedies for Unreasonable Searches and Seizures
• Limitations on the Exclusionary Rule
• Evidence Obtained in "Good Faith"
• Causation Limits: Inevitable Discovery and Independent Source
State v. Rabon (Me. 2007)
Problem 6-3A. Illegal Stop vs. Outstanding Warrant
• Standing to Challenge Illegal Searches and Seizures
• Additions and Alternative to the Exclusionary Rule
• Administrative Remedies
• Tort Actions and Criminal Prosecutions
• The Impact of Technology
• Enhancement of the Senses
• Records in the Hands of Third Parties
State v. Jorden (Wash. 2007)
• Interrogations
• Voluntariness of Confessions
• Physical Abuse and Deprivations
• Police Lies
• Miranda Warnings
• The Miranda Revolution
• "Triggering" Miranda Warnings
• Form of Warnings
• Invocation and Waiver of Miranda Rights
• Effect of Asserting Miranda Rights
• Sixth Amendment Right to Counsel During Investigations
Montejo v. Louisiana (U.S. 2009)
• Miranda: Cures, Impacts, and Alternatives
• Cures and Remedies for Miranda Violations
• Alternatives to Miranda
• Identifications
• Exclusion of Identification Evidence
North Carolina Eyewitness Identification Reform Act
• Other Remedies for Improper Identification Procedures