This newly designed casebook provides the perfect balance between the challenges of the case method and the needs of undergraduate and graduate students who may, or may not, be headed to law school. The Law of Criminal Investigations: A College Casebook makes use of many of your favorite U.S. Supreme Court cases; edited to reflect the needs of undergraduate students, with Notes and Questions that help illuminate the case and show how it works in the real world. Also included are narratives and summaries that explain and synthesize some of the more complicated legal nuances found in the world of criminal procedure. Written by renowned law professors and authors, Joshua Dressler and George Thomas, who are now joined by Dr. Stephanie Lipson Mizrahi, this book will appeal to all criminal procedure teachers who want to offer their students more in-depth coverage and analysis of this important topic.
Author(s): Stephanie Mizrahi, Joshua Dressler, George Thomas III
Edition: 1
Publisher: West Academic Publishing
Year: 2018
Language: English
Pages: 783
Preface
Acknowledgments
Table of Cases
Chapter 1 The Criminal Process: Failures, Choices, and Legitimacy
A. Failures
Brown v. Mississippi
Notes and Questions
James Goodman—Stories of Scottsboro
Powell v. Alabama
Notes and Questions
B. The Norms of the Criminal Process
Notes and Questions
Chapter 1 Summary
Chapter 2 The Incorporation Story
A. The Incorporation Debate and the Law of Criminal Procedure
B. The Bill of Rights and the Fourteenth Amendment
Joshua Dressler & Alan C. Michaels—Understanding Criminal Procedure
Notes and Questions
C. The Fourth Amendment, the Exclusionary Rule, and Incorporation: A Case Study
Weeks v. United States
Notes and Questions
Wolf v. Colorado
Notes and Questions
Mapp v. Ohio
Notes and Questions
Chapter 2 Summary
Chapter 3 Passing the Threshold of the Fourth Amendment
A. The Text and Its Mysteries
B. The Reach of the Fourth Amendment
C. What Is a “Search”?
1. General Principles: From Trespass to Privacy
Katz v. United States
Notes and Questions
2. The Katz Doctrine: What Does Privacy Mean?
United States v. White
Notes and Questions
Smith v. Maryland
Notes and Questions
3. Katz and the New Technology: Back to the Future?
Kyllo v. United States
Notes and Questions
United States v. Jones
Notes and Questions
Florida v. Jardines
Notes and Questions
D. What Is a Search After Jardines?
Chapter 3 Summary
Chapter 4 The Substance of the Fourth Amendment: Probable Cause and Warrants
A. Probable Cause
Introductory Comment
Illinois v. Gates
Notes and Questions
B. Arrest Warrants
Payton v. New York
Notes and Questions
C. Search Warrants: The Checklist Continued
1. Elements of a Valid Search Warrant
Lo-Ji Sales, Inc. v. New York
Notes and Questions
2. Execution of a Search Warrant
Introductory Comment
Richards v. Wisconsin
Notes and Questions
Chapter 4 Summary
Chapter 5 Valid Warrantless Searches, Part I: Probable Cause (Mostly) Required
A. Exigent Circumstances
Warden v. Hayden
Notes and Questions
B. Searches Incident to a Lawful Arrest
1. General Principles
Chimel v. California
Notes and Questions
2. Search Incident to Arrest: There and Back Again
Arizona v. Gant
Notes and Questions
3. Search Incident to Arrest: The Pendulum Re-Tethered.
Riley v. California
Notes and Questions
C. Pretextual Stops and Arrests (Particularly in Automobiles)
Whren v. United States
Notes and Questions
D. The Automobile Exception
1. General Principles
California v. Carney
Notes and Questions
2. Cars and Containers: Chasing the Probable Cause
California v. Acevedo
Notes and Questions
E. Plain View (and Touch) Doctrines
Arizona v. Hicks
Notes and Questions
Chapter 5 Summary
Chapter 6 Valid Warrantless Searches, Part II: The Diminishing Role of Probable Cause
A. Consent
Schneckloth v. Bustamonte
Notes and Questions
Illinois v. Rodriguez
Notes and Questions
B. From Probable Cause to Reasonable Suspicion: Terry Stops and the Reasonableness of Searches and Seizures
1. The Terry Doctrine
Joshua Dressler & Alan C. Michaels—Understanding Criminal Procedure
Terry v. Ohio
Notes and Questions
2. Drawing Lines: Arrests, Seizures, and Non-Seizures
Dunaway v. New York
Notes and Questions
3. Defining “Reasonable Suspicion”
Alabama v. White
Notes and Questions
Illinois v. Wardlow
Notes and Questions
4. Expanding the Scope of the Terry Balancing Approach
Introductory Comment
Maryland v. Buie
Notes and Questions
5. Summary: A Look Back at Terry and Reasonable Suspicion
C. Reasonableness in a “Special Needs” (and Non-Criminal?) Context
Notes and Questions
Michigan Department of State Police v. Sitz
Notes and Questions
City of Indianapolis v. Edmond
Notes and Questions
Chapter 6 Summary
Chapter 7 Remedies for Fourth Amendment Violations
A. Standing
1. The Starting Point
Notes and Questions
Minnesota v. Carter
Notes and Questions
B. Exclusionary Rule
1. The Rule Is Recognized
Mapp v. Ohio
Notes and Questions
2. “Independent Source” and “Inevitable Discovery” Doctrines
Murray v. United States
Notes and Questions
3. “Attenuation” (or “Dissipation of Taint”) Doctrine
Wong Sun v. United States
Notes and Questions
C. The Exclusionary Rule Is Narrowed (and on Life Support?)
United States v. Leon
Notes and Questions
1. Does the Good-Faith Exception Doom the Exclusionary Rule?
2. Hudson and the Knock-and-Announce Rule
3. Herring and Negligent Conduct by the Police
4. Davis and a Mistake of Law
5. The Future of the Exclusionary Rule
Notes and Questions
Chapter 7 Summary
Chapter 8 Police Interrogation: Constitutional Limits
A. The Miranda Doctrine
Miranda v. Arizona
Notes and Questions
Illinois v. Perkins
Notes and Questions
Thinking About Miranda: A Lawyer’s Checklist
B. Miranda Custody
Berkemer v. McCarty
Notes and Questions
C. Miranda Interrogation
Rhode Island v. Innis
Notes and Questions
D. Miranda Special Situations
1. “Jail Plant” Exception
2. Impeachment Exception
3. Public Safety Exception
New York v. Quarles
Notes and Questions
4. Booking Question Exception
5. Warnings Cure Earlier Failure to Warn
Oregon v. Elstad
Notes and Questions
E. Miranda and Politics
Dickerson v. United States
F. Waiver and Invocation of the Miranda Rights
Notes and Questions
Edwards v. Arizona
Notes and Questions
G. A Sixth Amendment Limit on Police Questioning
1. Eliciting Statements in the Absence of Counsel
Massiah v. United States
Notes and Questions
Deliberate Elicitation: The Doctrine Evolves
Notes and Questions
2. Massiah Waiver, 1977
Brewer v. Williams
Notes and Questions
3. Massiah Waiver, 1988–2017
Chapter 8 Summary
Chapter 9 The Role of Defense Counsel
A. The Ethics of Defending “Those” People
1. A Case Study: Defending the Defenseless Client
Notes and Questions
2. Ethics and Duties of Defense Counsel
Gerald B. Lefcourt—Responsibilities of a Criminal Defense Attorney
Notes and Questions
B. The Right to Have Appointed Counsel
Gideon v. Wainwright
Notes and Questions
1. And How Is That Working Out for You? A Gathering Storm
Comment on Gideon’s Legacy
2. When Does the State Foot the Bill?: Applying Gideon
Notes and Questions
C. The Right to Decide Whether to Have Counsel
Faretta v. California
Notes and Questions
Faretta Hell: Do Judges Look Like Grapefruits?
Notes and Questions
D. The Right to Effective Assistance of Counsel
Strickland v. Washington
Notes and Questions
Vivian O. Berger—The Supreme Court and Defense Counsel: Old Roads, New Paths—A Dead End?
Notes and Questions
Bruce A. Green—Lethal Fiction: The Meaning of “Counsel” in the Sixth Amendment
Notes and Questions
Chapter 9 Summary
Chapter 10 Wrongful Convictions
A. Guilty Until Proven Innocent?
1. Introduction
Notes and Questions
2. The Problem of Eyewitness Identification
a. Right to Counsel Solution
United States v. Wade
Notes and Questions
b. Preventing Unreliable Identifications
Perry v. New Hampshire
Notes and Questions
B. Is the System Continuing to Fail?
1. Overwhelmed Defense Counsel
Gerald B. Lefcourt—Responsibilities of a Criminal Defense Attorney
Notes and Questions
2. Unjust Convictions
Notes and Questions
Chapter 10 Summary
Index
