Source: Criminal Procedure: Cases, ...
Criminal Procedure: Cases [Materials and Questions], 2002
Chapter 1 - The Protections of and Rationale for the Fourth Amendment
Brinegar v. United States
Draper v. United States
Chapter 2 - Probable Cause
Brinegar v. United States
Draper v. United States
Spinelli v. United States
Illinois v. Gates
Massachusetts v. Upton
Commonwealth v. Upton
Chapter 3 - The Need for a Warrant
- Is the Warrant Requirement the Exception or the Rule?
Vale v. Louisiana
Chambers v. Maroney
United States v. Chadwick
- Who Can Issue a Warrant?
Coolidge v. New Hampshire
Shadwick v. Tampa
Connally v. Georgia
Chapter 4 - Arrests
- The Paradigm
United States v. Watson
- Arrests in the Home
United States v. Santana
Payton v. New York
Steagald v. United States
Wilson v. Layne
Welsh v. Wisconsin
Minnesota v. Olson
[problem] Warren v. Hayden
- Force in Effectuating an Arrest
Tennessee v. Garner
Graham v. Connor
[problem] County of Sacramento v. Lewis
- Search Incident To Arrest
Chimel v. California
Maryland v. Buie
Chapter 5 - Plain View
Horton v. California
Arizona v. Hicks
Chapter 6 - Automobiles
- The Rule and its Rationale
California v. Carney
- Cars and Containers
California v. Acevedo
Wyoming v. Houghton
- Search Incident to Arrest in an Automobile
New York v. Belton
[problem] Florida v. Thomas
- Suspicionless Highway Stops
Delaware v. Prouse
Michigan v. Sitz
City of Indianapolis v. Edmond
- Inventory Searches
Colorado v. Bertine
Florida v. Wells
Chapter 7 - Limited Searches on Less than Probable Cause
- Protection of the Officer
Terry v. Ohio
Sibron v. New York
[problem] Minnesota v. Dickerson
Michigan v. Long
Ybarra v. Illinois
- What Is Reasonable Suspicion? How Is It Different from Probable Cause?
Adams v. Williams
United States v. Cortez
Florida v. Royer
United States v. Sokolow
Alabama v. White
Florida v. J.L
Illinois v. Wardlow
Ornelas v. United States
- Limits on Terry-type Stops
Florida v. Royer
United States v. Place
United States v. Sharpe
Michigan v. Summers
[problem] Illinois v. McArthur
Chapter 8 - Seizures
United States v. Mendenhall
Florida v. Royer
I.N.S. v. Delgado
Florida v. Bostick
California v. Hodari D.
Chapter 9 - Searches
- The Divining Rod Theory of the Fourth Amendment
The Fourth Amendment as a Device for Protecting the Innocent, 81 Mich. L. Rev. 1229 (1983)
United States v. Place
United States v. Jacobsen
- Reasonable Expectation of Privacy
Lewis v. United States
Hoffa v. United States
Katz v. United States
United States v. White
Smith v. Maryland
Oliver v. United States
[problem] United States v. Dunn
Florida v. Riley
Bond v. United States
Kyllo v. United States [infrared imaging from the sky]
Illinois v. Caballes (2005) [drug sniff of vehicle incident to traffic citation is legal]
[problem] Minnesota v. Carter
Chapter 10 - Consent
Schneckloth v. Bustamonte
Illinois v. Rodriguez
Chapter 11 - Are We Moving Towards Open Season on Automobiles as We Enter a New Millenium?
Whren v. United States
Ohio v. Robinette
Maryland v. Wilson
Knowles v. Iowa
Atwater v. City of Lago Vista
Arkansas v. Sullivan
Chapter 12 - Unusual Situations
- Especially Intrusive Searches
Winston v. Lee
- Border Searches
United States v. Montoya de Hernandez
- The Fourth Amendment Beyond Our Borders
United States v. Verdugo-Urquidez
- Administrative and Other Noncriminal Searches
Chapter 13 - The Exclusionary Rule
- The Rationale for the Exclusionary Rule
Mapp v. Ohio
United States v. Calandra
[problem] Pennsylvania Board of Probation & Parole v. Scott
- The Good Faith Exception to the Exclusionary Rule
United States v. Leon
Massachusetts v. Sheppard
Commonwealth v. Edmunds
Arizona v. Evans
- Standing
Rakas v. Illinois
United States v. Salvucci
Rawlings v. Kentucky
Minnesota v. Carter
[problem] United States v. Payner
Chapter 14 - Confessions, Voluntariness
Brown v. Mississippi
Watts v. Indiana
Crooker v. California
Spano v. New York
Chapter 15 - Right to Counsel
Massiah v. United States
Escobedo v. Illinois
Chapter 16 - Miranda
- The Case Itself
Miranda v. Arizona
- The Nature of the Warnings
Duckworth v. Eagan
Colorado v. Spring
- Invoking Miranda
Fare v. Michael C. (and initial stay
Michigan v. Mosley
Edwards v. Arizona
Oregon v. Bradshaw
Arizona v. Roberson
Minnick v. Mississippi
[problem] United States v. Green
Davis v. United States
[problem] Smith v. Illinois
- Waiver
North Carolina v. Butler
Tague v. Louisiana
Connecticut v. Barrett
- Custody
Oregon v. Mathiason
Minnesota v. Murphy
Berkemer v. McCarty
[problem] Stansbury v. California
Illinois v. Perkins
- Interrogation
Rhode Island v. Innis
- The Public Safety Exception
New York v. Quarles
Chapter 17 - The Right to Counsel and Confessions
- Massiah Revisited
Brewer v. Williams
Maine v. Moulton
Kuhlmann v. Wilson
- Contrasting Massiah and Miranda
Michigan v. Jackson
McNeil v. Wisconsin
Texas v. Cobb
Patterson v. Illinois
Problem: Moran v. Burbine
Chapter 18 - Voluntariness Revisited
Mincey v. Arizona
Colorado v. Connelly
Arizona v. Fulminante
[problem] Miller v. Fenton
Chapter 19 - Miranda Revisited
Dickerson v. United States
Chapter 20 - Due Process Outside of the Confession Context
- Due Process and the Fourth or Fifth Amendment
Rochin v. California
Irvine v. California
Schmerber v. California
- Due Process and Identification
Manson v. Brathwaite
Chapter 21 - Attenuation
- Fourth Amendment
Wong Sun v. United States
Taylor v. Alabama
New York v. Harris
United States v. Ceccolini
- Miranda
New York v. Quarles
Oregon v. Elstad
Chapter 22 - Inevitable Discovery
Nix v. Williams
Murray v. United States
Chapter 23 - Entrapment
- The Relevance of Predisposition
Sherman v. United States
Jacobson v. United States
- The Due Process Defense
United States v. Gamble
Chapter 24 - Pre-Trial Detention
- Post-Arrest Probable Cause Hearings
Riverside v. McLaughlin
- Bail
United States v. Salerno
Chapter 25 - Right to Counsel
- Rationale and Scope
Gideon v. Wainwright
Scott v. Illinois
[problem] Nichols v. United States
- The Right of Self-Representation
Faretta v. California
- Quality of Representation
Strickland v. Washington
- Counsel Loyalty
Cuyler v. Sullivan
Nix v. Whiteside
Chapter 26 - Guilty Pleas
- The Requisites of a Voluntary Guilty Plea
Boykin v. Alabama
Henderson v. Morgan
North Carolina v. Alford
- The Cost of a Guilty Plea
McMann v. Richardson
Menna v. New York
- Plea Bargaining
Santobello v. New York
Bordenkircher v. Hayes
Chapter 27 - Discovery
- Defendant's Right to Discover the State's Case
United States v. Agurs
- Discovery of Evidence that the State Should, But Doesn't, Have
Arizona v. Youngblood
- The State's Right of Discovery
Michigan v. Lucas
Chapter 28 - Jury Trial
Lockhart v. McCree
J.E.B. v. Alabama
Mu'Min v. Virginia
Chapter 29 - Privilege Against Self Incrimination at Trial
Griffin v. California
Lakeside v. Oregon
Carter v. Kentucky
Mitchell v. United States
Chapter 30 - Double Jeopardy
- Mistrial
Oregon v. Kennedy
- Successful Appeal by Defendant
Lockhart v. Nelson
- Separate Sovereignties
Heath v. Alabama
- Collateral Estoppel
Ashe v. Swenson
- Same Offense
United States v. Dixon
- Enhanced Sentencing Following a Successful Appeal
Alabama v. Smith
Chapter 31 - Habeas Corpus, Retroactivity, and Harmless Error
Withrow v. Williams
Teague v. Lane
Chapman v. California
Brecht v. Abrahamson