Copyright 2015 Carolina Academic Press, LLC. All rights reserved. CRIMINAL PROCEDURE: CASES, MATERIALS, AND QUESTIONS Fourth Edition

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1 CRIMINAL PROCEDURE: CASES, MATERIALS, AND QUESTIONS Fourth Edition

2 LexisNexis Law School Publishing Advisory Board Bridgette Carr Clinical Professor of Law University of Michigan Law School Steven I. Friedland Professor of Law and Senior Scholar Elon University School of Law Carole Goldberg Jonathan D. Varat Distinguished Professor of Law UCLA School of Law Oliver Goodenough Professor of Law Vermont Law School Paul Marcus Haynes Professor of Law William and Mary Law School John Sprankling Distinguished Professor of Law McGeorge School of Law

3 CRIMINAL PROCEDURE: CASES, MATERIALS, AND QUESTIONS Fourth Edition Arnold H. Loewy George Killam Professor of Criminal Law Texas Tech University School of Law

4 ISBN: Looseleaf ISBN: Ebook ISBN: Library of Congress Cataloging-in-Publication Data Loewy, Arnold H., author. Criminal procedure : cases, materials, and questions / Arnold H. Loewy, George Killam Professor of Criminal Law, Texas Tech University School of Law. -- Fourth Edition. pages cm Includes index. ISBN (hardbound) 1. Criminal procedure--united States--Cases. 2. Criminal procedure--united States. I. Title. KF9619.L dc This publication is designed to provide authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Matthew Bender and the Matthew Bender Flame Design are registered trademarks of Matthew Bender Properties Inc. Copyright 2015 Matthew Bender & Company, Inc., a member of LexisNexis. All Rights Reserved. No copyright is claimed by LexisNexis or Matthew Bender & Company, Inc., in the text of statutes, regulations, and excerpts from court opinions quoted within this work. Permission to copy material may be licensed for a fee from the Copyright Clearance Center, 222 Rosewood Drive, Danvers, Mass , telephone (978) NOTE TO USERS To ensure that you are using the latest materials available in this area, please be sure to periodically check the LexisNexis Law School web site for downloadable updates and supplements at Editorial Offices 630 Central Ave., New Providence, NJ (908) Mission St., San Francisco, CA (415) (2015 Pub.3614)

5 DEDICATION To the Texas Tech School of Law that has provided me with an incredibly nurturing and sustaining environment for the past nine years, my former Dean, Walter Huffman, whose gentle persuasion helped convince me to come to Texas Tech, and my current Dean, Darby Dickerson. iii

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7 Fourth Edition Preface This book is designed for a complete criminal procedure course. It can be covered tightly in four hours or quite leisurely in five hours. In my judgment, much of criminal procedure is the sort of material that ought to be part of a good citizen/lawyer s repertoire. Consequently, this book and course are not designed exclusively for future criminal law practitioners. Rather, the book and course are designed as a roadmap for those who wish to learn about governmental limitations on police and/or trial procedures in the criminal context. The presentation of the materials is focused, rather than scatter-gun. That is, each case is presented, lightly edited (deletions not usually noted in the material), with a series of focused questions and notes (mostly questions) following it. It is contemplated that the students will read the case, focus on the question, reread the case, and be prepared to discuss some or all of the questions in class. Because the cases are lightly edited, the total number of pages per class might seem unusually long. However, most classes will involve studying only three or four cases. Because of this precise focus, the material should be manageable. As a matter of editing style, law review articles and other collateral material are usually not cited in the questions and notes. This is not because of the author s belief that they are unimportant. My primary reason for generally not including collateral sources is to ensure that the student s focus will not be directed away from the precise questions in the book. There are many people to thank: John Fischer for research assistance in the 1st edition, William Cross for research assistance in the second edition, Clint Buck for research assistance on the third edition, and Ronald Miller for research assistance on the fourth edition. The UNC Law Center for financial assistance for the first and second edition, the Texas Tech School of Law for its incredible support in preparing the third edition, and my wife, Judy, for emotional assistance. A number of colleagues across the country have contributed to my understanding of criminal procedure, but I would like to particularly acknowledge two of them. Arthur LaFrance, of Lewis and Clark, who, coauthored my first criminal procedure casebook with me. Undoubtedly some of his influence remains in this book. The late Professor Laura Webster of Mercer Law School, a former Philadelphia Public Defender, taught me much about, among other things, criminal procedure. Arnold H. Loewy George Killam Professor of Criminal Law Texas Tech School of Law Lubbock, Texas February 9, 2015 v

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9 TABLE OF CONTENTS Chapter 1 THE PROTECTIONS OF AND RATIONALE FOR THE FOURTH AMENDMENT Brinegar v. United States Questions and Notes Draper v. United States Questions and Notes Chapter 2 PROBABLE CAUSE Brinegar v. United States Questions and Notes Draper v. United States Questions and Notes Spinelli v. United States Questions and Notes Illinois v. Gates Questions and Notes Massachusetts v. Upton Questions and Notes Commonwealth v. Upton Questions and Notes Maryland v. Pringle Questions and Notes Florida v. Harris Questions and Notes Chapter 3 THE NEED FOR A WARRANT A. IS THE WARRANT REQUIREMENT THE EXCEPTION OR THE RULE? Vale v. Louisiana Questions and Notes Chambers v. Maroney Questions and Notes United States v. Chadwick Questions and Notes B. THE ANATOMY OF A WARRANT Groh v. Ramirez Questions and Notes C. WHO CAN ISSUE A WARRANT? Shadwick v. Tampa Questions and Notes vii

10 Table of Contents Chapter 4 ARRESTS A. ARRESTS IN THE HOME United States v. Santana Questions and Notes Payton v. New York Questions and Notes Steagald v. United States Questions and Notes Welsh v. Wisconsin Questions and Notes Minnesota v. Olson Questions and Notes Problem B. FORCE IN EFFECTUATING AN ARREST Tennessee v. Garner Questions and Notes Graham v. Connor Questions and Notes Problem Scott v. Harris Questions and Notes C. DETENTION OF PERSONS PURSUANT TO A SEARCH WARRANT Michigan v. Summers Questions and Notes Muehler v. Mena Questions and Notes Problem D. SEARCH INCIDENT TO ARREST Chimel v. California Questions and Notes Maryland v. Buie Questions and Notes Chapter 5 PLAIN VIEW Horton v. California Questions and Notes Arizona v. Hicks Questions and Notes viii

11 Table of Contents Chapter 6 AUTOMOBILES A. THE RULE AND ITS RATIONALE California v. Carney Questions and Notes B. CARS AND CONTAINERS California v. Acevedo Questions and Notes Problem C. SEARCH INCIDENT TO ARREST IN AN AUTOMOBILE Arizona v. Gant Questions and Notes D. SUSPICIONLESS HIGHWAY STOPS Delaware v. Prouse Questions and Notes Michigan v. Sitz Questions and Notes City of Indianapolis v. Edmond Questions and Notes Illinois v. Lidster Questions and Notes E. INVENTORY SEARCHES Colorado v. Bertine Questions and Notes Florida v. Wells Questions and Notes Chapter 7 SEARCHING COMPUTERS AND CELL PHONES Riley v. California Questions and Notes Chapter 8 LIMITED SEARCHES ON LESS THAN PROBABLE CAUSE A. PROTECTION OF THE OFFICER Terry v. Ohio Questions and Notes Sibron v. New York Questions and Notes Problem Michigan v. Long Questions and Notes Ybarra v. Illinois ix

12 Table of Contents Questions and Notes B. WHAT IS REASONABLE SUSPICION? HOW IS IT DIFFERENT FROM PROBABLE CAUSE? Adams v. Williams Questions and Notes United States v. Cortez Questions and Notes Florida v. Royer Questions and Notes United States v. Sokolow Questions and Notes Alabama v. White Questions and Notes Florida v. J.L Questions and Notes Prado Navarette v. California Questions and Notes Illinois v. Wardlow Questions and Notes Ornelas v. United States Questions and Notes United States v. Arvizu Questions and Notes C. LIMITS ON TERRY-TYPE STOPS Florida v. Royer Questions and Notes United States v. Place Questions and Notes United States v. Sharpe Questions and Notes Hiibel v. Sixth Judicial District Court Questions and Notes Chapter 9 SEIZURES United States v. Mendenhall Questions and Notes Florida v. Royer Questions and Notes Problem I.N.S. v. Delgado Florida v. Bostick Questions and Notes California v. Hodari D x

13 Table of Contents Questions and Notes Brendlin v. California Questions and Notes Problem Chapter 10 SEARCHES A. THE DIVINING ROD THEORY OF THE FOURTH AMENDMENT Arnold H. Loewy, The Fourth Amendment as a Device for Protecting the Innocent Questions and Notes United States v. Place Questions and Notes United States v. Jacobsen Questions and Notes Illinois v. Caballes Questions and Notes B. REASONABLE EXPECTATION OF PRIVACY Lewis v. United States Questions and Notes Hoffa v. United States Questions and Notes Katz v. United States Questions and Notes Oliver v. United States Questions and Notes Problem Florida v. Riley Questions and Notes Bond v. United States Questions and Notes Kyllo v. United States Questions and Notes United States v. Jones Questions and Notes Florida v. Jardines Questions and Notes Problem Chapter 11 CONSENT Schneckloth v. Bustamonte Questions and Notes xi

14 Table of Contents Chapter 12 Illinois v. Rodriguez Questions and Notes Problem ARE WE MOVING TOWARD OPEN SEASON ON AUTOMOBILES IN THE 21ST CENTURY? Whren v. United States Questions and Notes Ohio v. Robinette Questions and Notes Maryland v. Wilson Questions and Notes Knowles v. Iowa Questions and Notes Problem Atwater v. City of Lago Vista Questions and Notes Arkansas v. Sullivan Questions and Notes Virginia v. Moore Questions and Notes Closing Note Chapter 13 UNUSUAL SITUATIONS A. ESPECIALLY INTRUSIVE SEARCHES Winston v. Lee Questions and Notes B. TAKING DNA Maryland v. King Questions and Notes C. BORDER AND INTERNATIONAL SEARCHES D. ADMINISTRATIVE AND OTHER NONCRIMINAL SEARCHES Chapter 14 THE EXCLUSIONARY RULE A. THE RATIONALE FOR THE EXCLUSIONARY RULE Mapp v. Ohio Questions and Notes United States v. Calandra Questions and Notes Problem Hudson v. Michigan Questions and Notes B. THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE xii

15 Table of Contents United States v. Leon Questions and Notes Problem Commonwealth v. Edmunds Questions and Notes Arizona v. Evans Questions and Notes Herring v. United States Questions and Notes Davis v. United States Questions and Notes C. STANDING Rakas v. Illinois Questions and Notes United States v. Salvucci Questions and Notes Rawlings v. Kentucky Questions and Notes Minnesota v. Carter Questions and Notes Problem Chapter 15 CONFESSIONS, VOLUNTARINESS Brown v. Mississippi Questions and Notes Watts v. Indiana Questions and Notes Crooker v. California Questions and Notes Spano v. New York Questions and Notes Chapter 16 RIGHT TO COUNSEL Massiah v. United States Questions and Notes Escobedo v. State of Illinois Questions and Notes Chapter 17 MIRANDA A. THE CASE ITSELF Miranda v. Arizona Questions and Notes B. THE NATURE OF THE WARNINGS xiii

16 Table of Contents Duckworth v. Eagan Questions and Notes Problem Colorado v. Spring Questions and Notes C. INVOKING MIRANDA Invoking Silence Michigan v. Mosley Questions and Notes Invoking Counsel Edwards v. Arizona Questions and Notes Arizona v. Roberson Questions and Notes Minnick v. Mississippi Questions and Notes Maryland v. Shatzer Questions and Notes Davis v. United States Questions and Notes Problem Problem D. WAIVER North Carolina v. Butler Questions and Notes Tague v. Louisiana Questions and Notes Connecticut v. Barrett Questions and Notes Berghuis v. Thompkins Question and Notes E. CUSTODY Oregon v. Mathiason Questions and Notes Problem J.D.B. v. North Carolina Questions and Notes Problem Illinois v. Perkins Questions and Notes Maryland v. Shatzer xiv

17 Table of Contents Questions and Notes Howes v. Fields Questions and Notes F. INTERROGATION Rhode Island v. Innis Questions and Notes Problem G. THE PUBLIC SAFETY EXCEPTION New York v. Quarles Questions and Notes Chapter 18 THE RIGHT TO COUNSEL AND CONFESSIONS A. MASSIAH REVISITED Brewer v. Williams Questions and Notes Maine v. Moulton Questions and Notes Kuhlmann v. Wilson Questions and Notes B. CONTRASTING MASSIAH AND MIRANDA Michigan v. Jackson Questions and Notes McNeil v. Wisconsin Questions and Notes Texas v. Cobb Questions and Notes Patterson v. Illinois Questions and Notes Problem Problem C. THE SIXTH AMENDMENT AND THE ROBERTS COURT: THE TIMES THEY ARE A CHANGING Kansas v. Ventris Questions and Notes Montejo v. Louisiana Questions and Notes Chapter 19 VOLUNTARINESS REVISITED Mincey v. Arizona Questions and Notes Colorado v. Connelly Questions and Notes xv

18 Table of Contents Problem Arizona v. Fulminante Questions and Notes Problem Chapter 20 MIRANDA REVISITED Dickerson v. United States Questions and Notes Chavez v. Martinez Questions and Notes Chapter 21 DUE PROCESS OUTSIDE OF THE CONFESSION CONTEXT A. DUE PROCESS AND THE FOURTH OR FIFTH AMENDMENT Rochin v. California Questions and Notes Irvine v. California Questions and Notes Schmerber v. California Questions and Notes B. DUE PROCESS AND IDENTIFICATION Manson v. Brathwaite Questions and Notes Problem Chapter 22 ATTENUATION A. FOURTH AMENDMENT Wong Sun v. United States Questions and Notes Taylor v. Alabama Questions and Notes New York v. Harris Questions and Notes United States v. Ceccolini Questions and Notes B. MIRANDA New York v. Quarles Questions and Notes Oregon v. Elstad Questions and Notes Missouri v. Seibert xvi

19 Table of Contents Questions and Notes United States v. Patane Questions and Notes Problem Problem Chapter 23 INEVITABLE DISCOVERY Nix v. Williams Questions and Notes Murray v. United States Questions and Notes Chapter 24 ENTRAPMENT A. THE RELEVANCE OF PREDISPOSITION Sherman v. United States Questions and Notes Jacobson v. United States Questions and Notes B. THE DUE PROCESS DEFENSE United States v. Gamble Questions and Notes Table of Cases TC-1 Index I-1 xvii

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21 THE FOURTH AMENDMENT The Right of the People to be Secure in their Persons, Papers, Houses, and Effects Against Unreasonable Searches and Seizures Shall Not be Violated, and no Warrant Shall Issue But upon Probable Cause Supported By Oath or Affırmation Specifically Describing the Place to be Searched and the Person or Thing to be Seized. THE FIFTH AMENDMENT No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in active service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in ant criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process; nor shall private property be taken for public use, without just compensation. THE SIXTH AMENDMENT In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have Assistance of Counsel for his defense. THE FOURTEENTH AMENDMENT SECTION 1 All persons born or naturalized in the United States, and subject to the jurisdictions thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. xix

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