LEARNING OBJECTIVES
Ferdico, Fradella, Totten
Criminal Procedure for the Criminal Justice Professional
11th Edition
CHAPTER 1
Individual Rights Under the United States Constitution
After reading this chapter, students should be able to…
1)Explain how criminal law and criminal procedure are often in conflict as courts try to balance the need for crime control with constitutional guarantees of due process.
2)Summarize the historical context that gave birth to the concern for the individual rights embodied in the United States Constitution.
3)Explain how the legislative, judicial, and executive branches of government are involved in the protection of the constitutional rights of citizens.
4)Define the individual rights protected by the original Constitution of 1788, and the terms habeas corpus, bill of attainder, ex post facto law, and treason.
5)Explain the general nature and limits of the rights embodied in the Bill of Rights, especially: the First Amendment freedoms of religion, speech, press, assembly, and petition; the Fourth Amendment prohibition against unreasonable searches and seizures; the Fifth Amendment protections against double jeopardy and self-incrimination; the Sixth Amendment rights to a speedy and public trial, notice of charges, confrontation with adverse witnesses, compulsory process for favorable witnesses, and assistance of counsel; and the Eighth Amendment rights against excessive bail and fines and against cruel and unusual punishment.
6)Differentiate the concepts of due process and equal protection as guaranteed by the Fifth and Fourteenth Amendments.
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CHAPTER 2
Criminal Courts, Pretrial Processes, and Trials
After reading this chapter, students should be able to…
1)Describe the dual court structure of the United States.
2)Trace the progress of a criminal case through its various pretrial stages from arrest through pretrial motions.
3)Explain the characteristics and functions of a complaint, an affidavit, a summons, a warrant, an indictment, an information, a motion, a subpoena, and a deposition.
4)Differentiate preliminary hearings, grand jury proceedings, and arraignments.
5)Analyze the nature of prosecutorial discretion, including how it can manifest in selective or vindictive prosecution.
6)Assess why plea bargaining and discovery are essential to the administration of criminal justice.
7)Contrast the difference between venue and jurisdiction.
8)Evaluate the reasons underpinning the exclusionary rule, its exceptions, and its significance to criminal procedure.
CHAPTER 3
Basic Underlying Concepts:
Privacy, Probable Cause, and Reasonableness
After reading this chapter, students should be able to…
1)Explain the nature of the right of privacy in the law of criminal procedure and how it has affected court resolutions of Fourth Amendment issues.
2)Define and analyze probable cause to search and to arrest.
3)Apply the indications of criminal activity that support probable cause.
4)Examine the two-pronged test of the Aguilar case for establishing probable cause through the use of an informant’s information.
5)Evaluate how an informant’s information can be bolstered by corroboration in order to establish probable cause.
6)Explain the Gates “totality-of-the-circumstances” test for determining probable cause.
7)Define reasonableness and evaluate its importance in the law of criminal procedure, especially with respect to arrests, searches, and seizures.
CHAPTER 4
Criminal Investigatory Search Warrants
After reading this chapter, students should be able to…
1)Describe the general history of the development of the Fourth Amendment.
2)Explain how to obtain a search warrant, including the following: who issues search warrants; grounds for issuance; what may be seized; and how to describe the person or place to be searched and the things to be seized.
3)Discuss how triggering conditions affect the validity and execution of an anticipatory search warrant.
4)Analyze how to execute a search warrant, including the following: who may execute a search warrant; when a search warrant may be executed, allowable delays, and how long the search may last; gaining entry to premises; authority to search persons not named in the warrant; allowable scope of the search and seizure; and duties after the search is completed.
5)Identify the consequences of having acted with reckless disregard for the truth when applying for search warrants.
6)Explain the Rule 41 notice and inventory requirements and how those requirements might be altered by the rules covering covert entry and delayed notification.
7)Apply the constitutional limits on the seizure of items found in a search.
8)Analyze the permissible scope of searching third parties and their belongings during the execution of a valid search.
CHAPTER 5
Searches for Electronically-Stored Information and Electronic Surveillance
After reading this chapter, students should be able to…
1)Explain the relevance of computer forensics to searches for electronically-stored information (ESI).
2)Differentiate the two-stage process used for most searches of ESI.
3)Analyze the requirements some courts impose on applications for search warrants for ESI.
4)Explain the scope and applicability of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 to wire, oral, and electronic communications for both private persons and state actors.
5)Evaluate the conflicting demands for more effective law enforcement and individual privacy rights relevant to electronic surveillance.
6)Describe the ways in which Title III provides for judicial supervision of electronic surveillance.
7)Compare and contrast an interception order under Title III and an ordinary search warrant.
8)Explain the statutory limitations on the use of pen registers; trap-and-trace devices; tracking beepers; GPS; and real-time, cell-site data searching under the Electronic Communications Privacy Act of 1986.
9)Analyze the procedures for accessing e-mail, voicemail, and social networking information under the Stored Communications Act of 1986 and other applicable laws.
10)Explain the scope of counterintelligence and counterterrorism surveillance authorized under the Foreign Intelligence Surveillance Act (FISA) through the use of FISA warrants, including the different levels of proof needed for the issuance of such warrants.
11)Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC), as well as when compliance with FISC is exempted under executive-approval exceptions to the usual FISA warrant procedures.
CHAPTER 6
Administrative and Special Needs Searches
After reading this chapter, students should be able to…
1)Differentiate an administrative search warrant from a criminal search warrant.
2)Explain the meaning of and rationale justifying “special needs” searches.
3)Compare and contrast the special needs searches allowing for warrantless searches and seizures based on reasonable suspicion and those permitting warrantless searches and seizures without any particularized suspicion.
CHAPTER 7
Arrests, Searches Incident to Arrest and Protective Sweeps
After reading this chapter, students should be able to…
1)Define the elements of a formal arrest.
2)Explain the distinctions among a seizure, a stop, and a seizure tantamount to arrest (de facto arrest).
3)Evaluate the difference between arrest warrant and a summons; explain why arrests made pursuant to a warrant are preferred.
4)Differentiate between the warrantless arrest authority for misdemeanors and for felonies.
5)Identify and examine the procedures for making a formal arrest. Explain the law relating to citizen’s arrest, arrest in “hot pursuit,” arrest in “fresh pursuit” and other arrests made in emergency circumstances.
6)Identify and examine he limitations on the use of force in making arrests, self-defense, defense of others, and entry of dwellings.
7)Analyze the legal requirements and procedures for dealing with an arrested person after the arrest is made.
8)Identify and evaluate the consequences of an illegal arrest.
9)Evaluate the law’s preference for search warrants and why exceptions to the warrant requirement are allowed.
10)Identify and examine the allowable purposes of a search incident to arrest as set forth in Chimel v. California.
11)Describe the limits on the allowable scope of a search incident to arrest with respect to the search of other areas of premises for accomplices and destructible evidence (e.g., the "protective sweep").
12)Analyze the principal requirements of a valid search incident to arrest, including: (1) lawful custodial arrest; and (2) contemporaneous nature of arrest and search.
13)Evaluate the limits on the allowable scope of a search incident to arrest with respect to the following: (1) property that may be searched for and seized; (2) search and seizure of an arrestee’s body and items and evidence in or on the body, (3) search of items immediately associated with or carried on the arrestee's body; (4) search of the area within the arrestee's immediate control, including proximate containers within this area; (5) search of motor vehicles.
14)Describe the limits on the allowable scope of a search incident to arrest with respect to the search of the arrestee’s companions.
15)Evaluate who may conduct the search incident to arrest and specific limitations on the use of force.
16)Examine the limitations on a search incident to detention.
CHAPTER 8
Stops and Frisks
After reading this chapter, students should be able to…
1)Analyze the distinctions among a stop, a formal arrest, a seizure tantamount to an arrest, and minimal non-intrusive contact between a citizen and a law enforcement officer.
2)Explain the distinctions between a frisk and a full search.
3)Evaluate how to balance competing interests when determining the reasonableness of a stop and frisk.
4)Explain what justifies a law enforcement officer in stopping a person and what interference with the person’s freedom of action the law permits.
5)Describe what justifies a law enforcement officer in frisking a person and the scope of the search the law permits.
6)Apply the legal principles governing stops and frisks to analogous situations, such as detentions and examinations of luggage, mail, and other property.
CHAPTER 9
Consent Searches
After reading this chapter, students should be able to…
1)Explain the benefits, to the law enforcement officer and to the person being searched, of a consent search.
2)Evaluate the circumstances that are considered in determining whether a consent search is voluntary.
3)Differentiate between consent to enter premises and consent to search premises.
4)Analyze how the scope of a consent search is limited by: the person giving consent; the area to which consent to search is given; time; and the expressed object of the search.
5)Evaluate the circumstances under which a third person may be authorized to consent to a search of a person’s property and how third-party consent is affected by the person’s reasonable expectation of privacy.
CHAPTER 10
The Plain View Doctrine
After reading this chapter, students should be able to…
1)Explain the rationale for the plain view doctrine.
2)Evaluate the requirements of the plain view doctrine.
3)Describe examples of prior valid intrusions into zones of privacy.
4)Analyze the various ways officers are permitted to develop probable cause for plain view searches and seizures.
5)Evaluate the distinction between a plain view observation and a search, especially with respect to closer examinations of items and examinations of containers.
6)Understand that a plain view seizure need not be inadvertent.
7)Analyze the so-called plain touch or plain feel doctrine.
CHAPTER 11
Search and Seizure of Vehicles and Containers
After reading this chapter, students should be able to…
1)Evaluate the rationale for and the scope of searches allowed under the Carroll doctrine (automobile exception to the search warrant requirement).
2)Describe the requirements that must be met for the automobile exception to apply.
3)Analyze how the differences between a motor vehicle and a movable container with respect to expectation of privacy affect a law enforcement officer’s warrantless search authority.
4)Evaluate the differences between the automobile exception and the search incident to arrest exception in the vehicle context.
5)Explain the circumstances under which a motor vehicle may be impounded.
6)Describe the requirements that must be met before law enforcement officers may conduct an inventory of the vehicle’s contents.
7)Analyze a search and seizure situation involving a motor vehicle in terms of the reasonable expectation of privacy of the vehicle’s occupants (e.g., these occupants’ “standing” to challenge a search of the vehicle).
CHAPTER 12
Open Fields and Abandoned Property
After reading this chapter, students should be able to…
1)Explain how the concepts of open fields, curtilage, and reasonable expectation of privacy interrelate and their importance to the law of search and seizure.
2)Analyze a fact situation involving a description of a place, and determine whether the place is located in the open fields or is within the curtilage.
3)Evaluate the differences between the open fields doctrine, the plain view doctrine, and observations into the curtilage from a vantage point in the open fields or a public place.
4)Describe the factors considered by courts in determining whether premises, objects, or vehicles have been abandoned, and evaluate the significance of abandonment in the law of search and seizure.
CHAPTER 13
Interrogations, Admissions, and Confessions
After reading this chapter, students should be able to…
1)Describe how the test for the admissibility of a defendant’s admission or confession evolved from exclusively focusing on due process voluntariness to also including the Fifth Amendment Self-Incrimination Clause and the Sixth Amendment Right to Counsel.
2)Analyze whether the Miranda requirements apply to a particular fact situation—that is, whether the suspect was subject to custodial interrogation.
3)Explain under what circumstances further attempts at interrogation may be made after a suspect has exercised his or her right to remain silent, has requested the assistance of an attorney, or has waived the Miranda rights and submitted to interrogation.
4)Evaluate whether the Miranda requirements have been satisfied in a case in which they apply—that is, whether the warnings were adequate, whether the rights were clearly waived, and whether the suspect was competent to waive the rights.
5)Discuss the effect of Miranda in court.
6)Differentiate the right to counsel under the Fifth and Sixth Amendments, and understand the distinct limitations placed on obtaining statements from suspect under each approach.
CHAPTER 14
Pretrial Visual Identification Procedures
After reading this chapter, students should be able to…
1)Define the terms confrontation, showup, lineup, and photo array.
2)Describe how perception is a selective and interpretive process that can contribute to mistakes in identification procedures that can, in turn, lead to wrongful convictions.
3)Explain the three phases of memory.
4)Discuss both the estimator variables (including event factors and individual witness factors) that influence our ability to remember events accurately; and understand how these factors can contribute to mistakes in identification procedures that can, in turn, lead to wrongful convictions.
5)Explain why the presence of counsel is required at a pretrial confrontation with witnesses conducted after the initiation of adversary judicial proceedings.
6)Analyze when a law enforcement officer may use a one-person showup and the ways in which the inherent suggestiveness of the showup may be reduced.
7)Evaluate the factors that indicate accuracy or reliability of an identification even if the identification procedure was unnecessarily suggestive.
8)Explain the proper procedures for conducting a lineup and a photographic identification procedure.
CHAPTER 15
Criminal Trials, Appeals, and Post-Conviction Remedies
After reading this chapter, students should be able to…
1)Evaluate the constitutionality of lengthy delays in criminal cases from the perspectives of constitutional and statutory speedy trial act guarantees.
2)Explain how the Confrontation Clause serves to protect the rights of the criminally accused.
3)Discuss the limitations of the Compulsory Process Clause in complex criminal prosecutions involving overseas actors and/or witnesses.
4)Analyze the ways in which the jury selection process helps to increase the likelihood that a defendant will receive a trial by a fair and impartial jury.
5)Explain the rights, duties, and functions of the judge, the jury, the prosecuting attorney, and the defendant in a criminal trial.
6)Explain the different types of evidence and the different evidentiary burdens of proof.
7)Evaluate the powers of and limitations on judges in determining the sentence.
8)Describe the steps in a criminal appeal.
9)Analyze the impact that appellate standards of review have on the outcome of criminal appeals.
10)Contrast the major differences between appeal and habeas corpus.
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