Criminal Procedure- Winter 2014 Professor Catherine Arcabascio arcabascioc@nsu.law.nova.

edu 262-6174

Text: Criminal Procedure, Tomkovicz & White (Seventh Edition) Suggested Supplement: Examples and Explanations, Bloom & Brodin (5th Edition 2007) Office Hours: It is best to make an appointment, but you always should feel welcome to stop by during the week. If I am available, I am happy to meet with you. My office is located in the International Programs Offices, located on the first floor of the library (down the stairs and through the glass door).

Learning Objectives: 1) Students will have an understanding of the criminal procedure concepts presented by the 4 th, 5th, 6th, and 14th Amendments to the United States Constitution. 2) Students will have an understanding of how those Amendments have been interpreted by the United States Supreme Court. 3) Students will be able to apply that understanding and analyze criminal procedure fact patterns to determine whether there exist constitutional issues and/or violations.

About this class:

All students are expected to attend class and contribute to class discussion. I will call upon students in order to move along the discussion, but I prefer an interested and engaged crowd! On the first days of class, I will discuss other assignments that you will be required to complete during the semester. Please review the law schools policy on absences as it governs this class.

I encourage you to ask as many questions as you can in class. No question is insignificant. If, due to time constraints, I cannot answer your questions in class, please feel free to meet with me before or after class or at any other time that is mutually convenient. I also will post office hours during the first week of class. You also may e-mail your questions to the above address.

Your exam at the end of the semester will be three hours and closed book. I will give you greater detail as the semester progresses.

I hope you enjoy Criminal Procedure. I look forward to meeting each one of you individually before the semester is over.

Class Date

Topic

Assignment 1 1/6

The Threshold Of the Fourth Amendment Right To Be Secure Against Searches

Chapter 1

pp. 3-48

2 1/8

Unreasonableness and the P.C. Requirement

Chapter 2

pp. 59-93

3 1/13

Unreasonableness and the Warrant Requirement The Warrant Requirement and Searches of Persons, Houses, Papers and Effects The Warrant Requirement and Seizures of Persons

Chapter 3

pp. 105-134; 210-226 (Notes 1 and 2 on 226)

4 1/15

The Issuance, Content, and Execution of Warrants

Chapter 3

pp. 136-158

5 1/22

Reasonable Searches without Warrants: The Nature and Scope of the Exceptions to the Warrant Requirement Searches Incident to Arrests and Searches for Arrestees

Chapter 4

pp. 169-210; p. 226 note 3

6 1/27

Exigent Circumstances Searches Vehicle and Container Searches

Chapter 4

pp. 234-286 7 1/29

Inventory Searches

Chapter 4

pp. 293-310

8 2/3

E. Reasonable Searches Without Warrants: Consent F. The Plain View doctrine

Searches

Chapter 4

pp. 317-353; 361-374

9 2/5

The Balancing Approach to Fourth Amendment Reasonableness Stops, Frisks, and the Right to Be Secure in Ones Person, House, and Effects The Constitutional Doctrine and its Theoretical Underpinnings Seizures of Persons

Chapter 5

pp. 382-420

10 2/10

The Showing Needed to Stop and Frisk

Chapter 5

pp. 426-447

11 2/12

The Permissible Scope of Stops, Frisks, and Sweeps

Chapter 5

pp. 452-494

12 2/17

Special Balancing Contexts

1. Schools Searches

2. Checkpoints

Chapter 5

pp. 505-542

13

2/19

3. Drug Testing 4. Border Searches 5. Higher Than Usual Standards

Chapter 5

pp. 543-599

14 2/24

Due Process and the Law of Confessions

Chapter 7

pp. 651-677

15 2/26

The Privilege Against Self-Incrimination and Confessions

The Constitutional Basis

Chapter 8

pp. 687-728

3/3-3/6

WINTER BREAK NO CLASS

16 3/10

Custody Interrogation

Chapter 8

pp. 731-778

17 3/12

Waiver

Invocation of Protections

Chapter 8

pp. 783-832

18 3/17

The Right to Assistance of Counsel at Trial

Chapter 9

pp. 845-859

19 3/19

Confessions and the Right to Assistance of Counsel

Chapter 10

pp. 867-911

20 3/24

Identifications and the Right to Assistance of Counsel

Chapter 11

pp. 923-958

21 3/26

The Due Process Clause and Identifications

Chapter 12

pp. 963-983

22 3/31

The Sources of and Rationales for the Exclusionary Rule

Chapter 13

pp. 993-1009

23 4/2

The Scope of and Exceptions to the Exclusionary Rule The Standing Limitation The Independent Source and Inevitable Discovery Doctrines

Chapter 14

pp. 1017-1068

24 4/7

The Attenuation Doctrine The Good Faith Doctrine

Chapter 14

pp. 1075-1132

25 4/9

The Good Faith Doctrine (continued) The Miranda Exclusion Doctrine

Chapter 14

pp. 1133-1189

26 4/16

The Impeachment Limitation

Chapter 14

pp. 1194-1213