Introduction to the Fourth Amendment

AAMPLE: 4th Am.

Summer 2010

AAMPLE

Introduction to the Fourth Amendment

Summer 2010

SYLLABUS

Professor Benjamin J. Priester

(904) 256-1127

Face-to-Face Class

Course Description

The subject of “criminal procedure” is a broad area of the law encompassing numerous topics from the beginning to the end of a criminal case.In law school, criminal procedure is commonly divided into two courses: one covering investigations of criminal activity by law enforcement authorities, the other covering adjudications of criminal prosecutions in the courts. This course focuses on a subset of the law relating to investigations: specifically, certain decisions of the United States Supreme Court interpreting how the Fourth Amendment to the Constitution governs the interactions between the police and those suspected of criminal activity. Due to the particular purpose of the AAMPLE program – to assess each student’s capacity for success in legal studies – the amount of material covered in this courseis more limited than a regular law school Criminal Procedure course.

Course Materials

The required textbook for the course is:

• Joshua Dressler & George C. Thomas III, Criminal Procedure: Investigating Crime, Third Edition (Thomson West 2006), ISBN 978-0-3141-6664-7.

Please note, a newer edition of the book has recently been published, but we will be using the Third Edition in this class. There also will be handouts distributed from time to time to update or supplement the casebook, and these handouts also are required reading.

The following additional books are recommended reading:

• Joshua Dressler & Alan C. Michaels, Understanding Criminal Procedure: Volume 1: Investigation, Fourth Edition (LexisNexis 2006).

• Charles R. Calleros, Law School Exams: Preparing and Writing to Win (Aspen 2007).

• Robert Bloom & Mark Brodin, Criminal Procedure, Examples and Explanations (Aspen 2007).

Course Purposes and Expected Learning Outcomes

As part of the AAMPLE admissions program, the primary purpose of this course is to assess student capacity for success in the study of law. To succeed in legal studies, students must develop their abilities in the following lawyering skills:

1)Analyze appellate court opinions 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 examples.

3)Demonstrate a practical understanding of legal principles by recognizing issues of law, and applying relevant standards and rules, when they are 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.

Each student’s capacity for success in legal studies will be evaluatedbased upon his or her performance on a written examination which tests these critical lawyering skills in the context of the course material.

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 reading and briefing the assigned cases, thinking about their significance, preparing assigned problems, and actively participating in the face-to-face class sessions. Good faith completion of all assignments, 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.

Your final course grade will be determined by your performance on a three-hour, closed-book examination which will include both multiple choice and essay questions. This final exam will be held on Wednesday, June 30, 2010.

Face-to-Face Class Schedule

The face-to-face class sessions for this course will begin Tuesday, June 1, 2010, and will end Friday, June 25, 2010. As with the other AAMPLE course, Negotiable Instruments, our class will meet on a variable schedule during those four weeks. Please consult the course calendar and the list of reading assignments for the schedule of dates and times for Introduction to the Fourth Amendment.

Reading Assignments

The reading assignments for the course are listed beginning on the next page. All reading assignments are mandatory. I will assume you have read all of the assigned material and are thoroughly prepared to discuss the material in class. You should read and brief all of the cases listed in the syllabus below. In addition to these cases you will find “notes” which analyze the main cases and discuss other cases on the same topic. You must study this note material carefully, as well. You are responsible for, and may be tested upon, all pages assigned.

Reading Assignments: Face-to-Face Class

Tue., June 1 (12:30-3:50 p.m.)

Fourth Amendment Foundations: Searches, Seizures the Warrant Requirement

pages 75-83Katz v. U.S.

pages 128-131U.S. v. Karo

pages 379-383Cal. v. Hodari D.

pages 162-174Payton v. N.Y.

Thu., June 3 (12:30-3:50 p.m.)

The Katz Analysis in Application

pages 83-105U.S. v. White; Smith v. Md.

Tue., June 8 (12:30-3:50 p.m.)

The Katz Analysis in Application, continued

pages 105-128Kyllo v. U.S.

Mon., June 14 (8:30 a.m. - 1:00 p.m.)

Fourth Amendment Foundations: the Exclusionary Rule

pages 53-74Wolf v. Colo.; Weeks v. U.S.; Mapp v. Ohio

pages 174-181interpreting the Fourth Amendment

Tue., June 15 (8:30-10:40 a.m.)

Probable Cause

pages 132-162Spinelli v. U.S.; Ill. v. Gates

Wed., June 16 (8:30 a.m. - 1:00 p.m.)

Exceptions to the Warrant Requirement: Consent

pages 297-332Schneckloth v. Bustamonte; Ga. v. Randolph; Ill. v. Rodriguez

Thu., June 17 (8:30-10:40 a.m.)

Exceptions to the Warrant Requirement: Exigent Circumstances & Plain View

pages 203-209Warden v. Hayden

pages 286-297Horton v. Cal.; Ariz. v. Hicks

Fri., June 18 (8:30 a.m. - 1:00 p.m.)

Exceptions to the Warrant Requirement: Search Incident to Arrest

pages 209-237Chimel v. Cal.; U.S. v. Robinson; N.Y. v. Belton

HandoutAriz. v. Gant

Tue., June 22 (8:30-11:50 a.m.)

Exceptions to the Warrant Requirement: Pretext & Searches of Automobiles

pages 244-277Whren v. U.S.; Chambers v. Maroney; Cal. v. Carney; U.S. v. Chadwick

Thu., June 23 (8:30-11:50 a.m.)

Exceptions to the Warrant Requirement: Terry Doctrine

pages 338-363Terry v. Ohio; Dunaway v. N.Y.

pages 394-399Ill v. Wardlow

Fri., June 24 (8:30-11:50 a.m.)

Catchup, Summary, Review, and Exam Preparation

Wed., June 30: Final Exam

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