The Law of Criminal Investigations: A College Casebook (Higher Education Coursebook)

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. Preface 4 Acknowledgments 8 Table of Cases 19 Chapter 1 The Criminal Process: Failures, Choices, and Legitimacy 28 A. Failures 28 Brown v. Mississippi 30 Notes and Questions 36 James Goodman—Stories of Scottsboro 38 Powell v. Alabama 42 Notes and Questions 49 B. The Norms of the Criminal Process 53 Notes and Questions 62 Chapter 1 Summary 65 Chapter 2 The Incorporation Story 66 A. The Incorporation Debate and the Law of Criminal Procedure 66 B. The Bill of Rights and the Fourteenth Amendment 67 Joshua Dressler & Alan C. Michaels—Understanding Criminal Procedure 67 Notes and Questions 68 C. The Fourth Amendment, the Exclusionary Rule, and Incorporation: A Case Study 75 Weeks v. United States 78 Notes and Questions 80 Wolf v. Colorado 81 Notes and Questions 84 Mapp v. Ohio 85 Notes and Questions 94 Chapter 2 Summary 97 Chapter 3 Passing the Threshold of the Fourth Amendment 99 A. The Text and Its Mysteries 99 B. The Reach of the Fourth Amendment 101 C. What Is a “Search”? 103 1. General Principles: From Trespass to Privacy 104 Katz v. United States 105 Notes and Questions 111 2. The Katz Doctrine: What Does Privacy Mean? 114 United States v. White 114 Notes and Questions 123 Smith v. Maryland 127 Notes and Questions 134 3. Katz and the New Technology: Back to the Future? 147 Kyllo v. United States 147 Notes and Questions 155 United States v. Jones 159 Notes and Questions 173 Florida v. Jardines 174 Notes and Questions 184 D. What Is a Search After Jardines? 185 Chapter 3 Summary 188 Chapter 4 The Substance of the Fourth Amendment: Probable Cause and Warrants 191 A. Probable Cause 191 Introductory Comment 191 Illinois v. Gates 192 Notes and Questions 205 B. Arrest Warrants 213 Payton v. New York 213 Notes and Questions 220 C. Search Warrants: The Checklist Continued 225 1. Elements of a Valid Search Warrant 227 Lo-Ji Sales, Inc. v. New York 227 Notes and Questions 231 2. Execution of a Search Warrant 232 Introductory Comment 232 Richards v. Wisconsin 233 Notes and Questions 237 Chapter 4 Summary 244 Chapter 5 Valid Warrantless Searches, Part I: Probable Cause (Mostly) Required 246 A. Exigent Circumstances 247 Warden v. Hayden 247 Notes and Questions 248 B. Searches Incident to a Lawful Arrest 256 1. General Principles 256 Chimel v. California 256 Notes and Questions 264 2. Search Incident to Arrest: There and Back Again 266 Arizona v. Gant 271 Notes and Questions 281 3. Search Incident to Arrest: The Pendulum Re-Tethered. 282 Riley v. California 282 Notes and Questions 294 C. Pretextual Stops and Arrests (Particularly in Automobiles) 297 Whren v. United States 297 Notes and Questions 303 D. The Automobile Exception 305 1. General Principles 305 California v. Carney 305 Notes and Questions 310 2. Cars and Containers: Chasing the Probable Cause 313 California v. Acevedo 317 Notes and Questions 323 E. Plain View (and Touch) Doctrines 325 Arizona v. Hicks 325 Notes and Questions 330 Chapter 5 Summary 332 Chapter 6 Valid Warrantless Searches, Part II: The Diminishing Role of Probable Cause 334 A. Consent 336 Schneckloth v. Bustamonte 336 Notes and Questions 343 Illinois v. Rodriguez 347 Notes and Questions 352 B. From Probable Cause to Reasonable Suspicion: Terry Stops and the Reasonableness of Searches and Seizures 357 1. The Terry Doctrine 357 Joshua Dressler & Alan C. Michaels—Understanding Criminal Procedure 357 Terry v. Ohio 359 Notes and Questions 371 2. Drawing Lines: Arrests, Seizures, and Non-Seizures 381 Dunaway v. New York 381 Notes and Questions 386 3. Defining “Reasonable Suspicion” 398 Alabama v. White 398 Notes and Questions 403 Illinois v. Wardlow 414 Notes and Questions 420 4. Expanding the Scope of the Terry Balancing Approach 421 Introductory Comment 421 Maryland v. Buie 422 Notes and Questions 427 5. Summary: A Look Back at Terry and Reasonable Suspicion 438 C. Reasonableness in a “Special Needs” (and Non-Criminal?) Context 439 Notes and Questions 440 Michigan Department of State Police v. Sitz 445 Notes and Questions 452 City of Indianapolis v. Edmond 452 Notes and Questions 458 Chapter 6 Summary 463 Chapter 7 Remedies for Fourth Amendment Violations 466 A. Standing 466 1. The Starting Point 466 Notes and Questions 467 Minnesota v. Carter 470 Notes and Questions 477 B. Exclusionary Rule 479 1. The Rule Is Recognized 479 Mapp v. Ohio 479 Notes and Questions 479 2. “Independent Source” and “Inevitable Discovery” Doctrines 483 Murray v. United States 483 Notes and Questions 487 3. “Attenuation” (or “Dissipation of Taint”) Doctrine 490 Wong Sun v. United States 490 Notes and Questions 495 C. The Exclusionary Rule Is Narrowed (and on Life Support?) 500 United States v. Leon 500 Notes and Questions 512 1. Does the Good-Faith Exception Doom the Exclusionary Rule? 515 2. Hudson and the Knock-and-Announce Rule 517 3. Herring and Negligent Conduct by the Police 520 4. Davis and a Mistake of Law 523 5. The Future of the Exclusionary Rule 525 Notes and Questions 526 Chapter 7 Summary 528 Chapter 8 Police Interrogation: Constitutional Limits 530 A. The Miranda Doctrine 530 Miranda v. Arizona 534 Notes and Questions 550 Illinois v. Perkins 555 Notes and Questions 559 Thinking About Miranda: A Lawyer’s Checklist 560 B. Miranda Custody 560 Berkemer v. McCarty 560 Notes and Questions 567 C. Miranda Interrogation 571 Rhode Island v. Innis 572 Notes and Questions 579 D. Miranda Special Situations 581 1. “Jail Plant” Exception 582 2. Impeachment Exception 582 3. Public Safety Exception 584 New York v. Quarles 584 Notes and Questions 591 4. Booking Question Exception 594 5. Warnings Cure Earlier Failure to Warn 595 Oregon v. Elstad 595 Notes and Questions 602 E. Miranda and Politics 603 Dickerson v. United States 605 F. Waiver and Invocation of the Miranda Rights 609 Notes and Questions 610 Edwards v. Arizona 612 Notes and Questions 616 G. A Sixth Amendment Limit on Police Questioning 628 1. Eliciting Statements in the Absence of Counsel 628 Massiah v. United States 628 Notes and Questions 632 Deliberate Elicitation: The Doctrine Evolves 632 Notes and Questions 634 2. Massiah Waiver, 1977 634 Brewer v. Williams 635 Notes and Questions 646 3. Massiah Waiver, 1988–2017 649 Chapter 8 Summary 652 Chapter 9 The Role of Defense Counsel 654 A. The Ethics of Defending “Those” People 655 1. A Case Study: Defending the Defenseless Client 656 Notes and Questions 660 2. Ethics and Duties of Defense Counsel 662 Gerald B. Lefcourt—Responsibilities of a Criminal Defense Attorney 662 Notes and Questions 663 B. The Right to Have Appointed Counsel 670 Gideon v. Wainwright 670 Notes and Questions 675 1. And How Is That Working Out for You? A Gathering Storm 679 Comment on Gideon’s Legacy 679 2. When Does the State Foot the Bill?: Applying Gideon 683 Notes and Questions 691 C. The Right to Decide Whether to Have Counsel 692 Faretta v. California 692 Notes and Questions 700 Faretta Hell: Do Judges Look Like Grapefruits? 708 Notes and Questions 710 D. The Right to Effective Assistance of Counsel 712 Strickland v. Washington 712 Notes and Questions 727 Vivian O. Berger—The Supreme Court and Defense Counsel: Old Roads, New Paths—A Dead End? 730 Notes and Questions 732 Bruce A. Green—Lethal Fiction: The Meaning of “Counsel” in the Sixth Amendment 738 Notes and Questions 739 Chapter 9 Summary 743 Chapter 10 Wrongful Convictions 745 A. Guilty Until Proven Innocent? 745 1. Introduction 745 Notes and Questions 749 2. The Problem of Eyewitness Identification 751 a. Right to Counsel Solution 752 United States v. Wade 752 Notes and Questions 762 b. Preventing Unreliable Identifications 769 Perry v. New Hampshire 769 Notes and Questions 784 B. Is the System Continuing to Fail? 785 1. Overwhelmed Defense Counsel 785 Gerald B. Lefcourt—Responsibilities of a Criminal Defense Attorney 785 Notes and Questions 786 2. Unjust Convictions 788 Notes and Questions 791 Chapter 10 Summary 791 Index 793 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 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. Stephanie Lipson Mizrahi teaches in the Division of Criminal Justice at California State University, Sacramento in the areas of law, terrorism, homeland security, and emergency management. In addition to co-authoring The Law of Criminal A College Casebook, Dr. Mizrahi has published in the areas of terrorism and homeland security, the death penalty and the International Criminal Court. Joshua Dressler is the author of law school treatises in both the Criminal Law and Criminal Procedure fields, as well as casebooks and numerous articles in both areas. He is also Editor-in-Chief of the most recent edition of the Encyclopedia of Crime and Justice. Professor Dressler is a Distinguished University Professor Emeritus and the Frank R. Strong Chair in Law Emeritus at the Michael E. Moritz College of Law, The Ohio State University. George Thomas's research specialties include double jeopardy, police interrogation, and wrongful convictions. He has published numerous articles and books, including The Supreme Court on Trial and Confessions of Guilt (co-authored with Richard Leo). He is a Rutgers University Board of Governors Professor of Law.