Criminal
Procedure I Winter
2005
Professor
David A. Moran
SYLLABUS,
COURSE REQUIREMENTS, AND GENERAL INFORMATION
1. Required
Reading Materials
Casebook: Kamisar,
OR
Kamisar,
Supplement: Same authors, 2004
Supplement to Tenth Editions.
Problem Book: Grano
& Abramson, Problems in Criminal Procedure (West, 4th
Edition, 2004);
OR
Grano,
Problems in Criminal Procedure (West, 3rd Edition, 1997).
2. General Policies and Information
a) Punctual and regular attendance is
expected. Please choose a regular seat
and record it on the seating chart.
b) Class participation and preparation are
course requirements. I therefore reserve
the right to raise or lower a final grade based upon class participation.
This course will be
taught using the problem method. In
addition to the readings listed in this syllabus, you are responsible for the
assigned problems from Professor Grano's book. The class discussions will focus
on the assigned problems and on similar problems that I will make up during
class. Using those problems, we will
apply the cases that have been assigned for you to read. Unlike a traditional lecture class, very
rarely will I discuss the facts and holding of a case in the abstract. I use the problem method because I have found
that discussion of realistic problems, rather than lecture, is the only way I
have ever been able to learn this material.
Since the problem
method requires the use of the Socratic method, I will call upon students. However, I will always give notice to the
students who will be called upon in the next week. If a student is absent or unprepared on a
day on which he or she is scheduled to be called upon, that student’s course
grade will be automatically lowered unless he or she has provided me with an
acceptable explanation in advance. A
lawyer who, without advance notice and without a good explanation, fails to
appear in court or shows up unprepared may be fined or even jailed. Such conduct is unacceptable in the
profession, and it is unacceptable in my class because it unfairly shifts the
burden to other students who are prepared and present. The problem method requires both the students
and the instructor to be well prepared for class. You are adequately prepared only if you have
read and thought about the readings and attempted to apply those readings to
the assigned problems so that you could intelligently discuss the problems in
class.
c) The exam will be either entirely essay questions or a mixture of essays and short answers. The questions will be similar to the problems assigned in class. You will be responsible for all assigned readings, including readings not specifically discussed in class, unless I explicitly exclude those readings from the scope of the exam. The exam will be open book.
d) Office Hours. My office hours will be from 11:00 to 12:15
pm on Mondays through Thursdays. My
office is 3223, on the third floor of the new law building. I will also make
myself available after every class session for questions, and I will, within
reason, stay as long as it takes to answer your questions. You may also reach me at (313) 577-4829 or by
e-mail at d.moran@wayne.edu. If you cannot meet with me during my office
hours, please call or e-mail me to set up an appointment.
3. Course
Syllabus
This syllabus is approximate and may be altered depending on the rate of our progress. In addition to the readings listed below, I will add any important United States Supreme Court decisions that may be issued during the 2004-2005 term. I will announce any changes in the syllabus in class and I will post them on the online syllabus, which will be accessible through the TWEN page for this course.
Overview of the
criminal justice process
Casebook: 12-29 (skim--will not be discussed in
class)
Due Process
Incorporation
Casebook: 30-41
Entrapment
Casebook: 391-398
Entrapment
(continued)
Casebook: 402-407
413-427
Problems: Ch 5, # 2, 3
Search and
seizure--the exclusionary rule
Casebook: 108-127 (to end
of note 5)
Supp: 21-22
Casebook: 129 (beginning
with note 9)-137 (to end of note 5)
Problems: Ch 7, # 22, 23
Search and
seizure--protected interests
Casebook: 138-158 (to end
of note 6).
Problems: Ch 1, # 4, 6, 7
Search and seizure--protected
interests (continued)
Casebook: 348-350
351-352 (note D)
374-387
160
(starting with Gouled)-165 (to end of note 2).
Problems:
Ch 1, # 9, 10 (3rd Edition # 9, 11); Ch 4, #
1 (4th Amend. issues only)
Search and
seizure--probable cause
Casebook: 166-186
188-190
Supp: 24-28
Problems: Ch 1, # 18, 16 (3rd Edition # 19, 15)
Search and
seizure--search warrants and plain view
Casebook: 190-193
Supp: 28-30
195-202 (top of page),
244-245 (notes 1 &
2)
Search
and seizure--warrantless arrests and personal seizure
Casebook: 203-215
Problems: Ch 1, # 46, 23 (3rd Edition # 54, 34); Ch 2 # 2 (4th Amendment issues
only)
Search and seizure--search
incident to arrest and "pretext"
Casebook: 215-236 (to end
of note 7)
Devenpeck v. Alford (posted on course
website)
Problem: Ch 1, # 32 (3rd
Edition # 43)
Search and
seizure--warrantless searches of premises
Casebook: 238-244
245-251
Search and
seizure--warrantless arrests at home
Casebook: 251-260
Problems: Ch 1, # 29, 44, 24, 26 (3rd Edition # 41, 52, 35, 38)
Search and
seizure--automobiles and their contents
Casebook: 260-276 (to end
of note 1)
Problems: Ch 1, # 33 (automobile exception only),
39, 41 (variations 1 & 2 only)
(3rd Edition # 44 (automobile exception only), 48, 49
(variations 1 & 2 only))
Search and seizure—automobiles (continued)
and inventory
Supp: 33-40
Casebook: 236-237 (note 8)
283-291
Problems: Ch
1, # 34, 43, 42 (3rd Edition #
45, 51, 50)
Search and
seizure—“special needs” searches
Casebook: 326-331
Supp: 58 (
Thursday, February 17
Search and
seizure--consent searches
Casebook: 331-347
Problems: Ch 1, # 49, 50,
51 (3rd Edition # 57, 58, 59)
Search and
seizure--stop and frisk
Casebook: 291-306
Supp: 40-41
Problems: Ch 1, # 52, 13 (3rd Edition # 22, 12)
Search and
seizure--stop and frisk (continued)
Casebook: 306-316 (to end
of note 3)
Supp: 42-43
Casebook: 317 (beginning at
note 6)-321 (to end of note 4)
325-326
(note 4)
Supp: 45-46 (Kaupp v.
Problems: Ch 1, # 54, 57 (3rd Edition, # 24, 26)
Confessions--historical
background and voluntariness
Casebook: 428-447
Confessions--the
right to counsel
Casebook: 447-455
Confessions--Miranda
Casebook: 455-457
462-485
Confessions--Miranda:
waivers, warning, and custody
Casebook: 489-494
517-520
(notes 11 & 12)
538-545
494-497
Supp: 64-72
Problems: Ch 2, # 31, 15 (3rd Edition, # 32, 15)
Confessions--Miranda:
what is interrogation?
Casebook: 497-507
Confessions--exceptions
to Miranda
Casebook: 507-514 (middle
of page)
Problems: Ch 2, # 19, 30 (3rd Edition, # 20, 31)
Confessions--Miranda
waivers, invocations, and resumption
Casebook: 520-535
537-538
Problems: Ch 2, # 22, 23,
28 (3rd Edition, # 23, 24, 29)
Confessions—the
Sixth Amendment and the right to counsel
Casebook: 535-537
593-607
Problems: Ch 2, # 9, 13
Confessions—the
Sixth Amendment (continued)
Casebook: 607-617
Confessions—the
continuing vitality of Miranda
Casebook: 561-571
Problems: Ch 2, # 8, 11
Thursday, March 31
Confessions--voluntariness
Casebook: 576-593
Problems: Ch 2, # 7, 3
Confessions-—an actual case: People
v. McConnell Adams
Casebook: 554-559
Identification
Casebook: 618-626 (Wade)
628-629
(note 5 only)
631-633 (Kirby)
634-635
(note 5 only)
636-639 (Ash)
640-649
Supp: 109
Problems: Ch 3, # 6, 10, 8
Scope of
exclusionary rules--standing
Casebook: 749-764
Problems: Ch 7, # 2, 4
Scope of
exclusionary rules--fruit of poisonous tree
Casebook: 764-780
Supp: 115-127
Problems: Ch 7, # 10, 16,
13, 14
Scope of
exclusionary rules--impeachment
Casebook: 788-803
Problems: Ch 7, # 18
Review Session
Final
Examination: 6:15 p.m