Criminal Process: Investigation

B601 is taught by J. Bell, J. Hoffmann, T. Morrison, R. Scott

This class focuses on the constitutional constraints imposed on criminal investigation by the Fourth, Fifth, and Sixth Amendments. The bulk of the course examines the Fourth Amendment. After briefly exploring the meaning of the text of the Fourth Amendment, we will examine the connection between the Amendments reasonableness and warrant clauses. Next, we explore criminal procedure in the following areas: arrests and searches incident to arrests; stop and frisk; pre-textual stops; consent searches; warrantless searches of premises, vehicles, and containers; and the exclusionary rule.

The latter portion of the course examines the Fifth Amendment as it relates to criminal confession. In this regard, we will concentrate mainly on three areas, the law governing self-incrimination, the constitutional constraints governing how law enforcement may secure confessions, and rules regarding the interrogation of suspects. At the end of the course, we turn our attention to the Sixth Amendment rules as they apply to police interrogation.