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Criminal Procedure 3rd Edition Matthew R Lippman - Solutions
What steps would the dissent require the police to follow in arresting individuals in the home? Why does the dissent argue that the warrant requirement will hamper the police in arresting individuals within the home?
Examine the factual basis for arresting Obie Riddick. Could the police have obtained an arrest warrant from a magistrate based on the facts that they relied on to support Riddick’s arrest? Why was Riddick prosecuted for the possession of unlawful narcotics rather than for armed robbery?
Explain why the Supreme Court holds that an arrest warrant is required to arrest an individual in the home.
What is the holding in Payton? How does this differ from the holding in Watson?
Problems in policing. As a police officer, what information should you require before relying on an informant’s tip
Do you agree with Justice Douglas that the information provided by the informant even when corroborated by law enforcement agents did not amount to probable cause? Does Justice Douglas have a point when he claims that the Supreme Court is sacrificing the rule of law in order to make it easier for
Compare and contrast the facts in Draper with the facts in Illinois v. Gates. Is the claim of probable cause equally as persuasive in each of these cases?
Did Draper establish any general legal principles in regard to informants that are important to keep in mind?
Why did the Supreme Court conclude that there was probable cause to arrest Draper?
Write a one-page essay for police officers summarizing the law of stops and frisks.
Discuss the extension of Terry frisks to automobile passenger compartments and to drugs.
May a police officer order a driver or a passenger to exit an automobile? Under what circumstances may an officer frisk a driver or passenger who has exited a vehicle?
What is the legal standard for a Terry frisk?
Discuss the scope and duration of a Terry stop in regard to the permissible movement of a suspect, the length of the detention, and the intrusiveness of the stop.
Under what circumstances may race be considered in determining reasonable suspicion? Is racial profiling ever justified?
How are profiles developed? Do courts give particular weight to profiles in determining reasonable suspicion?
What is the standard adopted by courts to determine whether the police were justified in relying on an informant’s tip to determine reasonable suspicion?
What are some of the factors that a police officer may consider in determining whether there is reasonable suspicion to stop an individual?
Discuss the role of reasonableness, objectivity, experience, expertise, probability, and the totality of the circumstances in the determination of reasonable suspicion.
Summarize the decision in Terry v. Ohio.
What is the relationship between the Reasonableness Clause and Warrant Clause of the Fourth Amendment?
Problems in policing. Write a brief paragraph summarizing the limits of a Terry stop in terms of movement, duration, and investigative techniques. Under what circumstances may a defendant refuse to identify himself or herself to an officer?
Did the officer need to know Hiibel’s name? Was this request reasonably related to the purpose of the stop? Argue both sides of this question.
Why does the Supreme Court conclude that asking a person subjected to a Terry stop for identification is reasonable under the Fourth Amendment?
As a judge, how would you rule in Weaver?
Do you agree with Judge Arnold’s assertion that Weaver’s race should not have been considered by Agent Hicks?
Why does Judge Arnold dissent from the majority judgment?
What were the factors that the DEA agent relied on to stop Weaver?
Problems in policing. As a police officer, what factors in combination with flight would you consider to justify stopping a suspect?
Summarize the dissenting argument of Justice Stevens. Would you vote with the majority or with the dissenting judges?
Did the U.S. Supreme Court consider factors other than flight in determining whether there was reasonable suspicion to stop Wardlow?
What was the decision of the Illinois Supreme Court? Why did the U.S. Supreme Court reverse this judgment?
Problems in policing. What are the factors that Officer McFadden considered in determining that there was reasonable suspicion to stop and frisk the three suspects? Do you agree that there was reasonable suspicion to seize the suspects?What other factors should alert a law enforcement officer that
Are judges able to effectively supervise the police to ensure that they follow the standards established in Terry?
What would be the consequences of adopting Justice Douglas’s approach to the Fourth Amendment?
When may a police officer subject a suspect to a frisk? Why is an officer limited to a frisk for weapons and not authorized to conduct a full search?
Discuss the various factors that the Supreme Court weighed and balanced in concluding that stops and frisks were reasonable seizures and searches under the Fourth Amendment.
What is the significance of the Supreme Court’s holding that stops and frisks fall within the Fourth Amendment?
Why did the Supreme Court state that the ruling in Terry would not prevent police harassment of minority groups?
Discuss the importance of the Supreme Court decision in Terry v. Ohio.
Know the legal test for the seizure of narcotics in Minnesota v. Dickerson.
State when the police may search the passenger compartment of an automobile.
Know the justification for frisking passengers in an automobile who are not suspected of criminal activity.
State the circumstances under which the police may frisk a suspect and the scope of a Terry frisk.
Know the constitutional authority of the police to require drivers as well as the passengers in a vehicle they detain on a traffic stop to exit the automobile and the circumstances under which the police may frisk the driver.
State when Terry stops allow the movement of suspects, the length of permissible seizures, and the allowable intrusiveness of the methods used to investigate suspected criminal activity.
Appreciate the significance of “race” in the police determinations of reasonable suspicion.
Know the role of drug courier profiles in reasonable suspicion stops.
Define the circumstances under which an informant’s tip constitutes reasonable suspicion.
Know the definition of reasonable suspicion and the various factors that the police consider in determining whether there is reasonable suspicion.
State the difference between investigative Terry stops and arrests.
Know the basis for stops and frisks in the text of the Fourth Amendment.
What is the holding in Hodari? How does this modify the test in Mendenhall?
How do seizures differ from encounters? Why is this distinction significant?
Describe the difference between physical seizures and show of authority seizures.
What is the importance of the Supreme Court judgment in Kyllo v. United States?
Distinguish open fields from curtilage. Why is this significant?
Discuss the expectation of privacy in relation to pen registers, the electronic monitoring of conversations, and trash.
Define plain view “searches” and seizures. Describe the relationship between plain view and expectation of privacy.
What is the legal test for the expectation of privacy established in Katz v. United States?
Distinguish the property rights or trespassory approach to the Fourth Amendment from the expectation of privacy approach.Which, in theory, provides individuals with greater protection?
How did the use of general warrants and writs of assistance by British colonial authorities influence the drafting of the text of the Fourth Amendment?
Problems in policing. Explain the two tests for a seizure under the Fourth Amendment. As a police officer, which test would make your job easier?
Why do Justices Stevens and Marshall write that the judgment “poses a substantial, though unintended, threat to values that are fundamental and enduring”?
How does the holding in Hodari modify the rule in Mendenhall? Explain how Hodari requires both an objective and a subjective test for a show of authority seizure. Would an action that constitutes a seizure under the Hodari standard also constitute a seizure under the Mendenhall standard?
What is the issue in Hodari? Explain the holding of the Supreme Court.
Problems in policing. What is the legal test for determining whether an item possesses a reasonable expectation of privacy? Why is it important for the police to understand the concept of expectation of privacy?
Summarize the dissent. Do you agree with the majority or with the dissenting opinion?
Would the Supreme Court in Greenwood have reached the same result in the event that the police directly collected the garbage bags? How would the Supreme Court have ruled if the garbage had been left in the curtilage? Could the police have lawfully searched the trash bags without a warrant if
Did Greenwood abandon his trash? Did he intend to convey his garbage to the police?
What is the holding in Greenwood? What are the facts that the Supreme Court relied on to establish that Greenwood lacked an expectation of privacy in the garbage?
Problems in policing. Describe the steps that the police officers in Kyllo should have taken before using the thermalimaging device.
Summarize the argument of the dissent. Do you find the majority opinion or the dissenting opinion more persuasive?
Discuss the relationship between the Supreme Court rulings in White, Ciraolo, Riley, and Dow with the decision in Kyllo.
What is the holding in Kyllo? Explain the significance of the fact that the thermal-imaging device is not in “general use.”
Problems in policing. Katz requires that law enforcement obtain a warrant before engaging in the electronic surveillance of a phone conversation. The information that the police gathered from monitoring Katz’s phone conversations was used to obtain a search warrant to search Katz’s apartment
Do you find the majority decision or Justice Black’s dissent more persuasive?
How does the rule established in Katz differ from the Supreme Court’s holding in Olmstead?
Why did the Supreme Court hold that the FBI’s surveillance of Katz’s conversation in the telephone booth violated the Fourth Amendment?
Distinguish between the Crime Control Model and the Due Process Model of criminal procedure. Why is “procedural justice”important?
What is the rule regarding the retroactivity of Supreme Court judgments?
Discuss equal protection, the presumption of regularity, and prosecutorial discretion in charging criminal defendants with a criminal offense.
What provisions of the Bill of Rights are incorporated into the Fourteenth Amendment? What provisions of the Bill of Rights are not incorporated into the Fourteenth Amendment?
Explain the difference between various approaches to determining the “fundamental rights” that the Fourteenth Amendment extends to the states: fundamental fairness, total incorporation, and selective incorporation.
What is meant by nationalization or “constitutionalization” of criminal procedure?
Discuss the importance of the U.S. Constitution and the Supreme Court as sources of criminal procedure. Describe the role of state courts and state constitutions as a source of criminal procedure.
Describe the reasons for creating a constitutional political system in the United States. What provisions regarding criminal procedure are included in the body of the Constitution? Give some examples of the rights contained in the Bill of Rights.
Summarize the incorporation debate and explain the various theories of incorporation: fundamental fairness tests, total incorporation, and partial incorporation.
Know the historical background of the Fourteenth Amendment.
State the significance of the federal rules of criminal procedure and state rules of criminal procedure.
Know the role of federal and state statutes in criminal procedure.
State the importance of state courts and state constitutions in criminal procedure.
Know the role of the U.S. Supreme Court in the U.S. judicial system.
List the provisions of the U.S. Constitution that address criminal procedure.
Is there a difference between law on the books and law in action?
What is the role of precedent in judicial decision making?
Describe the organization of the federal and state judicial systems.
Outline the steps in the criminal justice system.
What values does the system of criminal procedure seek to achieve?
Discuss the balance between security and rights in criminal procedure.
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