CRIMINAL PROCEDURE



Criminal Procedure

USC Law School

In Memoriam

Professor Charles H. Whitebread

1943-2008

A teacher who could make the law live

***

Professor Rich Walton

(213) 891-5290

rwalton@usc.edu

Spring 2009 Hours and Locations

Class: LAW 101, Tuesday & Thursday 1:20 – 2:35 p.m.

Office Hour: Thursday 12:00 – 1:00, University Club, or by appointment

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Course Materials

Required: Yale Kamisar et al, Modern Criminal Procedure: Cases—Comments— Questions (12th Ed. 2007) (“Text”).

Yale Kamisar et al. 2008 Supplement to Twelfth Editions (2008) (“Supplement”).

Supplementary Materials (“Materials”), available at the Copy Center.

Optional: Charles H. Whitebread et al, Criminal Procedure: An Analysis of Cases and Concepts (5th Ed. 2007) (highly recommended, and on reserve in the library).

Federal Sentencing Guidelines Manual (USSG), available at: (relevant portions are excerpted in the Supplement)

Federal Rules of Evidence (library or online) (relevant portions are excerpted in the Supplement).

Federal Rules of Criminal Procedure (FRCP) (library or online) (relevant portions are excerpted in the Supplement).

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Grading

“There are two things you need to know about Criminal Procedure:

One. Cops lie and cheat—and they get away with it because they carry guns.

Two. When the big green door slams, make sure you know which side of it you’re going to be on.”

-Prof. Charles H. Whitebread

Grades will be awarded primarily on the basis of a 3 hour open book in-class final, but attendance and participation may be considered (+ or – one-half letter grade) in determining your course grade. I reserve the right—in cases of extreme absence or lack of preparation—to adjust grades downwards.

SofTest may be used for the final.

***

Food For Thought

“Hiya, folks! I’m Charlie Whitebread and everything you need to know

for the next 14 weeks is locked right here in my brain.”

-Prof. Charles H. Whitebread

1. I expect you to be prepared for class.

2. I expect you to be in class. Class discussions frequently cover material not in the assigned reading, and your final will cover classroom discussions. If you miss class, get notes.

3. I expect you to speak in class. Volunteers will be noted and rewarded. Others may be called upon randomly. If you are not prepared, please send me a note before, or speak with me at the beginning of, class. “Passes” are not accepted.

4. You will find it unusually difficult to “cram” for this course at the last minute. Our casebook is the US Supreme Court, rendering tough decisions on doctrines nuanced with complexities. Regular attendance and faithful reading will serve you well. Any other study technique will likely result in an unsatisfactory grade for the course.

5. Laptops are for educational use. Playing games, web surfing, IMing, and other non-class activities may expand your social network and aid your hand-eye coordination, but they will not help you pass this class, and are a severe distraction to your classmates. Non-class use of laptops violates rule 2, above, and will have a negative impact upon the class participation portion of your grade.

***

|Class |Topic |Assigned Reading |Optional Reading |

| |In the Beginning: | | |

| |Why Criminal Procedure? | | |

|1 & 2 |Process & Incorporation: Anatomy of a |Text: 2-17 (not including notes), 24-30, 34-35 (notes 3|Materials: Tab C, Prof. Charles |

| |Criminal Investigation, and the |and 4), 35-40 (through note 3), 42-45 (not including |H. Whitebread, Outlines |

| |Limitations of Due Process |notes), 47 (section 6 onwards)-50. | |

| | |Supplement: 1-11; 59-62 | |

| | |Materials: Tab A (US Constitution, Amendments 1-10, | |

| | |14). | |

| |At the End: | | |

| |Meaningful Enforcement of Constitutional| | |

| |Rights | | |

|3-4 |The Exclusionary Rule |Text: 218-251 (including note 4); 872-886 |Materials: Tab D, Prof. Charles |

| | | |H. Whitebread, Outline |

| |And Everything in Between: | | |

| |The Fourth Amendment | | |

|4-6 |Scope: |Text: 251 (note 4 onwards)-282; 465-474. |Materials: Tab E, Prof. Charles |

| |Searches—Government Action, Standing, |Supplement: 60 (Amend. IV) |H. Whitebread, Outline |

| |and Reasonable Expectation of Privacy |Materials: Tab B, pp. 2-29 (Prof. Julie O’Sullivan’s | |

| | |redacted versions of Jacobsen, Rakas, Olson, and | |

| | |Carter); Tab A (Fourth Amendment) | |

|7 |Exception: |Text: 282-307 | |

| |Probable Cause | | |

| |Seizures—Definition, Scope, and | | |

| |Restrictions | | |

|8 |Exception: |Text: 399-429 |Materials: Tab F, Prof. Charles H.|

| |Reasonable Suspicion for Stop and Frisk | |Whitebread, Outline |

|9 |Exception: |Text: 435-446 | |

| |Reasonable Balancing for Administrative |Materials: Tab B, pp. 29-55 (Prof. Julie O’Sullivan’s | |

| |Searches and Special Needs |redactions of Edmond and Earls). | |

|10-11 |Warrants—Why, How, and When You Don’t |Text: 322-353; 429-435 |Text: 307-322; 515-536 |

| |Need One for Persons; Pretextual | |Supplement: 32; 63-84 (18 USC |

| |Searches | |§§ 2510 et seq.). |

|12 |Warrantless Searches of Premises |Text: 353-371 | |

| | |Materials: Tab B, pp. 55-59 (Prof. Julie O’Sullivan’s | |

| | |redaction of Buie and Olson). | |

|13 |Warrantless Searches of Vehicles and |Text: 371-399 | |

| |Effects | | |

|14 |Consent Searches and the Plain View |Text: 449-464 | |

| |Doctrine |Materials: Tab B, pp. 59-67 (Prof. Julie O’Sullivan’s | |

| | |redaction of Hicks and Horton). | |

|15 |The Exclusionary Rule in Application: |Text: 886-913 (top) | |

| |The Fruit of the Poisonous Tree and |Materials: Tab B, pp. 67-78 | |

| |Impeachment | | |

|16 |Grand Jury Investigations: Fourth |Text: 789-793 |Text: 793-808 |

| |Amendment Limitations |Materials: Tab B, pp. 78-83; Tab G, Prof. Charles H. | |

| | |Whitebread, Outline | |

| |The Fifth Amendment: Privilege Against | | |

| |Self-Incrimination | | |

|17 |Testimony |Text: 821-835 |Materials: Tab H, Prof. Charles |

| | |Materials: Tab B, pp. 83-85, 78-83 |H. Whitebread, Outline |

|18 |Documents |Text: 835-864 | |

| |The Unique Problem of Confessions | | |

|19 |The Court Struggles: Due Process |Text: 543-551 |Materials: Tab I, Prof. Charles |

| |“Voluntariness” | |H. Whitebread, Outline |

|19 |The Court Tries: Sixth Amendment Right |Text: 551-559 | |

| |to Counsel | | |

|20-23 |The Court Triumphs: Miranda to |Text: 559-618; 628-648; 656-665 |Supplement: 37-46 |

| |Dickerson—a Fifth Amendment Right | | |

| |Against Self-Incrimination | | |

|24 |The Court Revives: Revisiting the Sixth|Text: 670-676; 722-727; 735-736; 90 (note 7)-92 | |

| |Amendment and the Scope of Miranda | | |

| |[INTENTIONALLY BLANK] | | |

| | | | |

| |The Most Important Right of All: | | |

| |Counsel | | |

|25-26 |The Right to “Effective” Counsel |Text: 79-99; 115-131; 144-165; 206-213 |Materials: Tab J, Prof. Charles |

| | |Supplement: 12-18; 20-31 |H. Whitebread, Outline; Article RE|

| | | |Federal Public Defenders |

| |Identifying | | |

| |the Accused | | |

|27 |Pre-Trial Identification Procedures: |Text: 744-768 |Materials: Tab K, Prof. Charles |

| |Lineups, Showups, and Others | |H. Whitebread, Identification |

| | | |Outline |

|28 |Review and Closing Thoughts | |Materials: Tab L, Prof. Charles |

| | | |H. Whitebread, Outline |

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