Updated Monday, July 5, 2010

1:35 p.m.

Birmingham School of Law

Criminal Procedure I

Summer 2010

Sections A and D

Monday and Wednesday

6:30 p.m. – 8:30 p.m.

FNB – 4D for Section A and 2A for Section D

Course Website:

www.bsolcrimpro.com

BSOL CRIM PRO 1 Draft of Lecture Slides.pdf

Weeks 9 - 13.pdf

Updated July 5, 2010

Instructor:

V. Michelle Obradovic, Esq.

Wise Resolution, LLC

2100A SouthBridge Parkway, Ste. 650

Birmingham, AL 35209

Office: 205-414-7589

Cell or Text Message: 205-602-5014

Michelle@WiseResolution.com

Also - Room 540-1 JCC (716 Richard Arrington Blvd. N.)

CLASS PROTOCOL for MICHELLE O.’S MONDAY and WEDNESDAY SECTIONS

Attendance and class participation for every class is mandatory. Specific students have been given case assignments each week. These cases are due to be briefed and discussed in class. Students may coordinate amongst themselves on these case briefing assignments, however the students who received the case assignment and are absent or unprepared will be docked ½ letter grade off their final course grade as a penalty, no exceptions.

Each lecture class will include a PowerPoint slide presentation and other digital materials designed to emphasize key points. The slides will be made available to students in digital form and students are encouraged to follow along with them during the lecture and to revisit them in their individual study groups.

Monday students who miss a lecture class may attend the Wednesday class as a make-up and Wednesday students who anticipate missing class may attend the Monday class as an advance. Guest BSoL students and instructors are welcome in our sections.

On a situation by situation basis, a student may be given permission to participate in class by teleconference or by webcam. The student who receives such permission must coordinate the technology themselves and the arrangements must not disrupt the other students. Example emergencies would be: a local weather event such as a tornado; hospitalization/recovery; travel for work or with your family; car trouble on the way to school or a documented highly contagious disease.

Students are free to move about during class and to engage in whatever activities support their alertness so long as they are not disruptive to other students. Example disruptive activities would be smelly food, noisy food, reeking of alcohol, side conversations (written, verbal or electronic) and doing things on your computer that everyone around you wants to see.

CLASS MEMBER OBLIGATIONS for MICHELLE O.’S MONDAY and WEDNESDAY SECTIONS

Students are responsible for understanding all of the material included in the following publications and for having a working recollection of the 4th 5th and 6th Amendments to the U.S. Constitution.

U.S. Constitution - Amendment 4 - Search and Seizure. 12/15/1791

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. Constitution - Amendment 5 - Trial and Punishment, Compensation for Takings. 12/15/1791

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 actual 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 any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

U.S. Constitution - Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. 12/15/1791

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 the Assistance of Counsel for his defence.

TEXTBOOK:

Title: Criminal Procedure - Investigation

Imprint: Aspen Publishers
Published: 9/5/2008
ISBN: 9780735577862

2010 SUPPLEMENT:

(available after June 30, 2010)

The 2010 supplement will include new developments in the law from the current Supreme Court term and the materials which were previously published in the 2008 and 2009 Supplements to our textbook. Students who elect not to obtain the supplement are responsible for obtaining the cases from other sources.

The anticipated content includes the following:

Arizona v. Gant 556 U.S. _____ (2009) 129 S. Ct. 1710 (2009)

Arizona v. Johnson 555 U.S. _____ (2009) 129 S. Ct. 781 (2009)

Safford Unified School District #1 v. Redding 557 U.S. _____ (2009) 129 S. Ct. 2633 (2009)

Virginia v. Moore 553 U.S. 164 (2008) 128 S. Ct. 1598 (2008)

Herring v. United States ___ U.S. _____ (2009) 129 S. Ct. 695 (2009)

Michigan v. Fisher 558 U.S. ______ (2009) 130 S. Ct. 546 (2009)

Corley v. U.S. 556 U.S. _____ (2009) 129 S. Ct. 1558 (2009)

Montejo v. Louisiana 173 L. Ed. 2d 955 (2009) 556 U.S. ______ (2009) 129 S. Ct. 2079 (2009)

Maryland v Shatzer 559 U.S. _____ (2010) 130 S. Ct. 1213 (2010).

Florida v. Powell Docket: 08-1175 ___ U.S. _____ (2010) ___ S. Ct. _____ (2010)

Berghuis v. Thompkins Docket: 08-1470 _____ U.S. _____ (2010) ____ S. Ct. _____ (2010)

Yeager v. U.S. 557 U.S. _____ (2009) 129 S. Ct. 2360) (2009)

Kansas v. Ventris 556 U.S. ____ (2009) 129 S. Ct. 1841 (2009)

Melendez-Diaz v. Massachusetts Docket : 07-591 557 U.S. ____ (2009) 129 S. Ct. 2527 (2009)

Vermont v. Brillon ____ U.S. _____ (2009) 129 S. Ct. 1283 (2009)

Bobby v. Van Hook ____ U.S. _____ (2009) 130 S. Ct. 13 (2009)

Porter v. McCollum ____ U.S. _____ (2009) 130 S. Ct. 447 (2009)

Wong v. Belmontes ____ U.S. _____ (2009) 130 S. Ct. 383 (2009)

Ontario v. Quon ___ U.S. _____ (2010) ___ S. Ct. _____ (2010)

Presley v. Georgia ___ U.S. _____ (2010) ___ S. Ct. _____ (2010)

Statutory Material:

Selected Federal Rules of Criminal Procedure

Selected Sections from U.S. Code Title 18, Crimes and Criminal Procedure

Selected Sections from U.S. Code Title 28, Judiciary and Judicial Procedure

EXAM INFORMATION for MICHELLE O.’S MONDAY and WEDNESDAY SECTIONS

The final exam will consist of 50 questions that do not require writing and a bonus that will require short answers.

COURSE SCHEDULE for MICHELLE O.’S MONDAY and WEDNESDAY SECTIONS

Week 1	May 10^th and 12^th	Chapter 1 - Pgs. 1 – 27
Week 2	May 17^th and 19^th	Chapter 2 - Pgs. 29-82; Supplement cases: Ontario v. Quon
Week 3	May 24^th and 26^th	Chapter 2 - Pgs. 82-138
Week 4	May 31^st and June 2^nd	Chapter 2 - Pgs. 138-219 Supplement cases: Arizona v. Johnson; Arizona v. Gant; Safford Unified School District # 1 v. Redding
Week 5	June 7^th and June 9^th	Chapter 2- Pgs. 219-290 Supplement cases: Virginia v. Moore; Michigan v. Fisher
Week 6	June 14^th and June 16^th	Wrap up and Review of Chapter 2
Week 7	June 21^st and June 23^rd	Chapter 3 – Pgs. 291-355 Supplement case: Herring v. U.S.
Week 8	June 28^th and June 30^th	Chapter 4 - Pgs. 357-423) Supplement cases: Maryland v. Shatzer; Berghuis v. Thompkins; Florida v. Powell
Week 9	July 5^th and July 7^th	Question and Answer Session
Week 10	July 12^th and July 14^th	Chapter 4 - Pgs. 423-514 Supplement cases: Montejo v. Louisiana;
Week 11	July 19^th and July 21^st	Wrap up and Review of Chapter 4
Week 12	July 26^th and July 28^th	Chapter 5 Pgs. 515-546 Chapter 6, Pgs. 553 – 584 Supplement Cases: Corley v. U.S.; Yeager v. U. S.; Kansas v. Ventris Melendez-Diaz v. Massachusetts, Vermont v. Brillon; Bobby v. Van Hook, Porter v. McCollum, Wong v. Belmontes
Week 13	August 2^nd and August 4^th	Question and Answer Session
FINAL	August 16^th and August 18^th	Final Exam

WEEKLY CASE BRIEFING ASSIGNMENTS

- The Final Exam will include, but is not guaranteed to be limited to the cases in bold. -

	MONDAY/ WEDNESDAY	ASSIGNED STUDENTS
Week 2	Katz v. United States Oliver v. United States United States v. Dunn California v. Ciraolo Florida v. Riley Kyllo v. United States California v. Greenwood United States v. Knotts United States v. Karo United States v. White Smith v. Maryland (U.S. v. Forrester) Illinois v. Caballes (U.S. v. Place)	Monday: Wykeenia Evette Austin Cassy Bingham Dailey Allen Hayes Christopher Ray Messer Cedric Young Wednesday: Jon Charles Archer John C. Barnes Jennifer Lynn Blankenship Thomas Reese Butler Martin Whitfield Evans
Week 3	Illinois v. Gates (Aguilar v. Texas & Spinelli v. U.S.) Maryland v. Pringle Whren v. United States Andresen v. Maryland Groh v. Ramirez Michigan v. Summers Muehler v. Mena Richards v. Wisconsin Wilson v. Arkansas Hudson v. Michigan Maryland v. Garrison L. A. County, California v. Rettele Chimel v. California U.S. v. Robinson Knowles v. Iowa Warden, MD Penitentiary v. Hayden Payton v. New York Coolidge v. New Hampshire Arizona v. Hicks Horton v. California Minnesota v. Dickerson	Monday: Austin Blackwell Christina McClendon Darnell A. Burt Joiner John Milledge Christopher Lee Hancock Lauren Freeman J.D. Walker Wednesday: Hollye Lynn Farmer Christin Renee French Kent James Gilliland Andrea K. Graham Deborah Annette Gregory Florence Wilson Tonya Lewis Muhammad Delano Harry Foster
Week 4	Carroll v. U.S. Chambers v. Maroney California v. Carney California v. Acevedo U.S. v. Chadwick Arkansas v. Sanders U.S. v. Ross Wyoming v. Houghton New York v. Belton Thornton v. United States AZ v. Gant South Dakota v. Opperman Illinois v. Lafayette United States v. Flores-Montano United States v. Montoya-Hernandez United States v. Ramsey Michigan Dept. of State Police v. Sitz City of Indianapolis v. Edmond Illinois v. Lidster Schneckloth v. Bustamonte Georgia v. Randolph United States v. Knights Samson v. California Camara v. Muni Ct of Cty & Cty of San Francisco New York v. Burger Skinner v. Railway Executive’s Ass’n National Treasury Employees Union v. Van Rabb Vernonia School Dist. v. Acton Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls Ferguson v. City of Charleston Safford Unified School District #1 v. Redding Ontario v. Quon	Monday: Erin Ganey Adams Gregory James Dunn Brittany Lauren Jones Paulette Samuel Murray RJ Robinson Kimberly Rogers Amanda Hardin Schafner Marshall Summey Wednesday: Stacy Christine Hansen Henry Adam Harrell Garfield Woodrow Ivey Candace Nichole James Amberleigh Noell Johnson Michael McCormick Laplante Michael Walter Mitchell Gregory Carl Morgan Dayne Garrett Nelson Bert Powell Noojin, Jr. Lora Doblar
Week 5	Welsh v. Wisconsin Brigham City, Utah v. Stuart Michigan v. Fisher United States v. Watson U.S. v. Mendenhall Florida v. Bostick California v. Hodari Atwater v. City of Lago Vista Virginia v. Moore Terry v. Ohio Dunaway v. New York Florida v. Royer US. V. Sharp Michigan v. Long Maryland v. Buie Hiibel v. Sixth Judicial Dist. Court of Nevada United States v. Arvizu Alabama v. White Florida v. J.L. Illinois v. Wardlow United States v. Sokolow AZ v. Johnson U.S. v. U.S. Dist. Ct. for the Eastern Dist. of Michigan	Monday: Scottie Smith Lauren Khan Guy Redd Jennifer Tombrello Sarah Elizabeth Conkle Winston Dean Greer Lori Allison Maddox Cynthia Lorraine Toles Wednesday: John Edward Sloane Letrice Annette Stovall Jonathan David Terry Amye Adams von Seebach Brad Taylor Walden Jon Charles Archer John C. Barnes Jennifer Lynn Blankenship Allen Jolley
Week 7	U.S. v Calandra Weeks v. United States Wolf v. Colorado Mapp v. Ohio Rakas v. Illinois Jones v. U.S. Rawlings v. Kentucky Minnesota v. Carter Minnesota v. Olson Brendlin v. California Murray v. United States Nix v. Williams Brown v. Illinois U.S. v. Leon Hudson v. Michigan Arizona v. Evans Herring v. U.S.	Monday: Courtney LeeAnn Boswell Elise Fuller Matthew James Kinsland J.R. Revills J.D. Walker Wednesday: Thomas Reese Butler Martin Whitfield Evans Hollye Lynn Farmer Christin Renee French
Week 8	Brown v. Mississippi Arizona v. Fulminate Spano v. New York Colorado v. Connelly Miranda v. Arizona Dickerson v. United States Oregon v. Mathiason Yarborough v. Alvarado Maryland v. Shatzer Berkemer v. McCarty Rhode Island v. Innis Illinois v. Perkins California v. Prysock Duckworth v. Eagan Berghuis v. Thompkins Florida v. Powell	Monday: Thomas Christopher Brakefield Rachael Suzanne Gainer Scottie Smith Lauren Freeman Austin Blackwell Thomas Elmes Wednesday: Andrea K. Graham Deborah Annette Gregory Harry Foster Lora Doblar Ann Boynton
Week 10	Michigan v. Tucker Oregon v. Elstad Missouri v. Seibert United States v. Patane Harris v. New York New York v. Quarles North Carolina v. Butler Burghius v. Thompkins Moran v. Burbine Spring v. Colorado Michigan v. Mosley Edwards v. Arizona Minnick v. Mississippi Davis v. United States Maryland v. Shatzer Corley v. U.S. Massiah v. United States Brewer v. Williams Texas v. Cobb Patterson v. Illinois Michigan v. Jackson (overruled) Montejo v. Louisiana United States v. Henry Kuhlmann v. Wilson Kansas v. Ventris Yeager v. U. S. Melendez-Diaz v. Massachusetts Briscoe v. Virginia Schmerber v. California Fisher v. United States McKune v. Lile Hiibel v. Sixth Judicial District Court of Nevada Kastigar v. United States United States v. Hubbell	Monday: Kasandra Jean Brundidge Brittany Faire Greene LeAnna Gayle Lipsey Jennifer Scott Christina McClendon Darnell A. Burt Joiner John Milledge Wednesday: Stacy Christine Hansen Henry Adam Harrell Garfield Woodrow Ivey Candace Nichole James Amberleigh Noell Johnson Michael McCormick Laplante Michael Walter Mitchell Gregory Carl Morgan Amye Adams von Seebach Brad Taylor Walden Muhammad Delano
Week 12	United States v. Wade Illinois v. Kirby United States v. Ash Stovall v. Denno Foster v. California Simmons v. United States Neil v. Biggers Manson v. Brathwaite Argersinger v. Hamlin Gideon v. Wainwright Strickland v. Washington Florida v. Nixon Faretta v. California Vermont v. Brillon Bobby v. Van Hook Padilla v. Kentucky Porter v. McCollum Wong v. Belomentes Presley v. Georgia	Monday: Sarah Elizabeth Conkle Winston Dean Greer Lori Allison Maddox Christopher Lee Hancock Thomas Elmes Wednesday: Bert Powell Noojin, Jr. John Edward Sloane Dayne Garrett Nelson Jonathan David Terry Muhammed Delano

- The Final Exam will include, but is not guaranteed to be limited to the cases in bold. -