Home: Criminal Procedure Case Briefs

Adams v. Williams, 407 U.S. 143 (1972) Facts: While on duty, a police officer was approached by a reliable informant who told the officer that a...

Adams v. Williams, 407 U.S. 143, 92 S. Ct. 1921, 32 L. Ed. 2d 612 (1972) Facts: Police Sgt. John Connolly was alone early in the morning on...

Adamson v. California (1947) Facts: California law permitted the court and prosecutor to comment on a D’s failure to explain or deny evidence...

Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964) Facts: Two Houston police officers applied to a local Justice of the...

Alabama v. White, 496 U.S. 325 (1990) Facts: Cops received a tip from an anonymous caller that White ("Defendant") was leaving 235-C Lynwood...

Andresen v. Maryland (p. 863) 1976 Procedural Background: Pre-trial suppression hearing; return 45 out of 52 items taken. Items not return had; no...

Arizona v. Gant, 556 U.S. ___ (2009) Author: Seth Facts: Police acted on a tip that a home was being used to sell drugs. When they arrived at...

Arizona v. Hicks 480 U.S. 321 (1987) Facts: A bullet was fired through the floor of respondent’s apartment, striking and injuring a man in the...

Arizona v. Youngblood (p. 1108) 1988 Procedural Background: (TC = AZ) – denied motion of ground that State had not obtained a sufficiently large...

Ashe v. Swenson (p. 1120) 1970 Procedural Background: TC found Swenson not guilty 1st time. TC 2nd time found Swenson guilty. Supreme Court of MI...

Atwater v. City of Lago Vista, 532 U.S. 318 (2001) Author: Seth Facts: In Texas, if a car is equipped with safety belts, a front-seat passenger...

Barker v. Wingo (p. 971) 1972 Procedural Background: (TC = Barker) - 1st trial ended in hung jury. (TC 2 = Wingo) - 2nd trial resulted in...

]Barker v. Wingo (p. 971) 1972 Procedural Background: (TC = Barker) - 1st trial ended in hung jury. (TC 2 = Wingo) - 2nd trial resulted in...

Batson v. Kentucky (p. 998) 1986 Procedural Background: (TC = KY) – denied motion; reasoning cross section requirement applies only to selection...

Berkemer v. McCarty Procedural History: Motorist convicted of misdemeanor of operating a motor vehicle while under the influence of alcohol...

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, 536 U.S. 822, 122 S. Ct. 2559, 153 L. Ed. 2d 735 (2002) ...

Bond v. United States, 529 U.S. 334, 120 S. Ct. 1462, 146 L. Ed. 2d 365 (2000) Author: Seth Facts: Steven Dewayne Bond was a passenger on a...

Brady v. United States (p. 981) 1970 Procedural Background: (TC = US) – sentenced to 50 years; later reduced to 30. (USDC = US) – Only pleaded...

Brendlin v. California, 551 U.S. 249 (2007) Author: Seth Facts: Early in the morning deputy sheriff Robert Brokenbrough and his partner saw a...

Brewer v. Williams (p. 694) 1977 Procedural Background: (TC = Brewer); moved to suppress denied, he waived his rights after giving the statements....

BROWN V. MISSISSIPPI 297 U.S. 278 (1936) Procedural History: Defendants challenged a judgment of the Supreme Court of Mississippi, which affirmed...

BROWN V. MISSISSIPPI 297 U.S. 278 (1936) Procedural History: Defendants challenged a judgment of the Supreme Court of Mississippi, which affirmed...

Brown v. Texas, 443 U.S. 47, 99 S. Ct. 2637, 61 L. Ed. 2d 357 (1979) Author: Seth Facts: At 12:45 in the afternoon, Officers Venegas and Sotelo...

BUMPER v. NORTH CAROLINA Facts: Bumper lived with his grandmother, Mrs. Leath, in rural North Carolina. Two days after a rape was reported, the...

California v. Acevedo, 500 U.S. 565, 111 S. Ct. 1982, 114 L. Ed. 2d 619 (1991) Author: Seth Facts: Officer Coleman of the Santa Ana Police,...

California v. Carney, 471 U.S. 386 Author: Seth Facts: Drug Enforcement Agency Agent Robert Williams watched respondent, Charles Carney,...

California v. Greenwood, 486 U.S. 35, 108 S. Ct. 1625, 100 L. Ed. 2d 30 (1988) Author: Seth Facts: Investigator Jenny Stracner of the Laguna...

California v. Hodari D., 499 U.S. 621, 111 S. Ct. 1547, 113 L. Ed. 2d 690 (1991) Author: Seth Facts: One April evening in 1988, Officers...

California v. Prysock Facts: The victim was murdered in Jan 1978. She was hit with a wooden dowel, that contained a fireplace poker, stabbed...

Camara v. Municipal Court of the City and County of San Francisco (p. 315) 1967 Procedural Background: District Court of appeal held that the...

Chambers v. Maroney, 399 U.S. 42 (1970) Author: Seth Facts: A service station was robbed by two men. Witnesses saw a blue compact station wagon...

Chimel v. California, 395 U.S. 752 (1969) Author: Seth Facts: Three police officers arrived at the Santa Ana California home of the petitioner...

City of Indianapolis v. Edmond, 531 U.S. 32 (2000) Author: Seth Facts: In 1998, the City of Indianapolis began to operate vehicle checkpoints in...

Coleman v. Alabama, 399 U.S. 1 (1970) Facts: Defendants/Petitioners (“Defendants”) were presented in a lineup and at a preliminary hearing...

Colorado v. Bertine, 479 U.S. 367 (1987) Author: Seth Facts: On February 10, 1984, a police officer in Boulder, Colorado arrested respondent...

Colorado v. Connelly 470 U.S. 157 Procedural History: On respondent's motion at a preliminary hearing, the court suppressed the initial...

Colorado v. Spring Facts: D was arrested for a firearms violation by federal agents, received Miranda warnings, signed a waiver, and said he was...

Crawford v. Washington (p. 1083) 2004 Procedural Background: (TC=WA) – convicted petitioner of assault; Sylvia was not shifting blame; she was...

Delaware v. Prouse, 440 U.S. 648 (1979) Facts: Officer pulled over Prouse (“Defendant”) and smelled marijuana as he was walking up to the car....

Douglas v. California (p. 603) 1963 Procedural Background: (TC = CA) – convicted of all 13 felonies. (CA DCOA = CA) - no good whatever could be...

Doyle v. Ohio (p. 819) 1976 Procedural Background: (TC = OH) – convicted in separate trials; evidence identical at trials. (COA = OH) affirmed;...

Draper v. United States, 358 U.S. 307, 79 S. Ct. 329, 3 L. Ed. 2d 327 (1959) Author: Seth Facts: Marsh, a federal narcotic agent with 29...

Duckworth v. Eagan Facts: D was given written warnings that included the following extra language after the fourth warning: “We have no way of...

Dunaway v. New York (p. 509) 1979 Procedural Background: -Trial Court = Defendant -denied motion to suppress statement and facts -County...

Duncan v. Louisiana, 391 U.S. 145, 88 S. Ct. 1444, 20 L. Ed.2d 491 (1968) Author: Seth Facts: Duncan was charged with simple battery, which...

Edwards v. Arizona Facts: D was arrested, and received Miranda warnings. He invoked his right to counsel by saying that he wanted to talk to an...

Escobedo v. Illinois (p. 723) 1964 Procedural Background: (TC = IL) – denied motion; convicted of murder, he appealed. (Supreme Court of IL = IL)...

Florida v. Bostick (p.215) 1991 Procedural Background: (TC = FL); reasoning was police informed him of his right to refused, and he was never...

Florida v. J.L., 529 U.S. 266 (2000) Facts: Police department received a tip from an anonymous caller that a black man wearing a plaid shirt was...

Florida v. J. L., 529 U.S. 266, 120 S. Ct. 1375, 146 L. Ed. 2d 254 (2000) Author: Seth Facts: Police received an anonymous call that a young...

Florida v. Jimeno, 500 U.S. 248 (1991) Author: Seth Facts: Dade County police officer, Frank Trujillo, overheard respondent, Enio Jimeno,...

Florida v. Jimeno 500 U.S. 248, 111 S.Ct. 1801, 114 L.Ed.2d 297. (1991) Facts: -An officer pulled Jimeno over after he had committed a...

Florida v. Riley, 488 U.S. 445, 109 S. Ct. 693, 102 L. Ed. 2d 835 (1989) Author: Seth Facts: Police received an anonymous tip that Riley was...

Florida v. Royer, 460 U.S. 491, 7103 S. Ct. 1319, 5 L. Ed. 2d 229 (1983) Author: Seth Facts: Royer was observed at Miami International...

Franks v. Delaware, 438 U.S. 154, 89 S. Ct. 2674, 57 L. Ed. 2d 667 (1978) Author: Seth Facts: Cynthia Bailey told police that Jerome Franks...

Garrity v. New Jersey (p. 869) 1967 Procedural Background: No Court listed. Convicted and conviction sustained. Facts: Appellants were police...

Georgia v. McCollum (p. 1018) 1992 Procedural Background: (TC = McCollum) – denied the State’s motion. (Supreme Court of GA= McCollum) affirmed...

Georgia v. Randolph, 547 U.S. 103 (2006) Author: Seth Facts: Respondent Scott Randolph and his wife, Janet, separated in late May 2001, when she...

Gerstein v. Pugh (p. 925) 1975 Procedural Background: -District Court = Defendants -give them a hearing for probable cause under Federal Rule...

Gideon v. Wainwright (p. 599) 1963 Procedural Background: (TC = Wainright) – jury returned a verdict of guilty, and he was sentence to serve 5...

Groh v. Ramirez, 540 U.S. 551, 124 S. Ct. 1284, 157 L. Ed. 2d 1068 (2004) Author: Seth Facts: Issue(s): Joseph Ramirez and members of his...

Harmelin v. Michigan, 501 U.S. 957 (1991). Prepared by Miranda Facts: Harmelin (Defendant) was caught with 650 grams of cocaine and was...

Harris v. New York (p. 813) 1971 Procedural Background: (TC = NY) – at trial, one officer was state’s chief witness, testified as to details of...

Hayes v. Florida, 470 U.S. 811 (1985) Author: Seth Facts: A series of burglary-rapes occurred in Punta Gorda, Florida, in 1980. Police found...

Herring v. United States, — U.S. —, 129 S. Ct. 695, — L. Ed. 2d — (2009) Author: Seth Facts: Investigator Mark Anderson learned that Bennie...

Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177, 124 S. Ct. 2451, 159 L. Ed. 2d 292 (2004) Author: Seth Facts: Police received a...

Hoffa v. United States, 385 U.S. 293, 87 S. Ct. 408, 17 L. Ed. 2d 374 (1966) Author: Seth Facts: During the Test Fleet Trial, in which James...

Horton v. California, 496 U.S. 128, 110 S. Ct. 2301, 110 L. Ed. 2d 112 (1990) Author: Seth Facts: Petitioner was convicted of the armed...

Hudson v. Michigan, 547 U.S. 586, 126 S. Ct. 2159, 165 L. Ed. 2d 56 (2006) Author: Seth Facts: Police obtained a warrant authorizing a search...

Illinois v. Allen (p. 1029) 1970 Procedural Background: (TC = IL). (IL COA = affirmed). (IL Supreme Court = IL). (USDC = declined to issue writ)....

Illinois v. Caballes, 543 U.S. 405 (2005) Author: Seth Facts: Illinois State Trooper Daniel Gillette stopped respondent for speeding on an...

Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983) Author: Seth Facts: Police in Bloomingdale, Ill received an...

Illinois v. Lafayette, 462 U.S. 640 (1983) Author: Seth Facts: On September 1, 1980, at about 10 p.m., Officer Maurice Mietzner of the Kankakee...

Illinois v. Lidster, 540 U.S. 419 (2004) Author: Seth Facts: Just after midnight, a 70-year-old man riding a bicycle was killed when a passing...

Illinois w. McArthur, 531 U.S. 326 (2001) Author: Seth Facts: Tera McArthur asked two police officers to accompany her to the trailer where...

Illinois v. Perkins (p. 806) 1990 Procedural Background: (TC=Perkins) - trial court suppressed statements. (IL Appellate Court = Perkins) -...

Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793, 111 L. Ed. 2d 148 (1990) Author: Seth Facts: Edward Rodriguez was arrested in his...

Illinois v. Somerville (p. 1131) 1973 Procedural Background: IL TC ruled that further proceedings under this defective indictment would be useless...

Illinois v. Wardlow, 528 U.S. 119, 120 S. Ct. 673, 145 L. Ed. 2d 570 (2000) Author: Seth Facts: Officers Nolan and Harvey were working as...

Immigration & Naturalization Service v. Delgado Facts: The I.N.S. obtained warrants based on probable cause to believe that some number of...

Immigration and Naturalization Service v. Lopez-Mendoza, 468 U.S. 1032, 104 S. Ct. 3479, 82 L. Ed. 2d 778 (1984) Author: Seth Facts: ...

J.E.B. v. Alabama Ex Rel. T.B. (p. 1010) 1994 Procedural Background: (TC=AL) – rejected petitioner’s claim, empanelled all female jury. Jury found...

Kansas v. Ventris (p. 727) 2009 Procedural Background: (TC = KS) - jury acquitted on felony of murder and misdemeanor theft but returned guilty...

Kastigar v. US (p. 878) 1972 Procedural Background: (DC = US) – rejected contention, ordered petitioners to appear before grand jury, answer its...

Katz v. United States, 389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) Author: Seth Facts: FBI agents placed an electronic listening...

Kirby v. Illinois (p. 905) 197 Procedural Background: (TC = IL) jury found defendants guilty. (COA = IL) affirmed – admission of Shard’s testimony...

Knowles v. Iowa, 525 U.S. 113, 119 S. Ct. 484, 142 L. Ed. 2d 492 (1998) Author: Seth Facts: Knowles was stopped in Newton, Iowa, after...

Kyllo v. United States, 533 U.S. 27, 121 S. Ct. 2038, 150 L. Ed. 2d 94 (2001) Author: Seth Facts: Agent William Elliot of the United...

Lewis v. United States, 385 U.S. 206, 87 S. Ct. 424, 17 L. Ed. 2d 312 (1967) Author: Seth Facts: An undercover federal narcotics agent...

Mapp v. Ohio, 367 U.S. 1081, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961) Author: Seth Facts: On May 23rd, 1957, three Cleveland police...

Maryland v. Buie, 494 U.S. 325 (1990) Author: Seth Facts: Two men committed an armed robbery of a Godfather's Pizza restaurant in Prince...

Maryland v. Garrison, 480 U.S. 79 (1987) Author: Seth Facts: Baltimore police officers obtained and executed a warrant to search the person of...

Massiah v. United States (p. 690) 1964 Procedural Background: (TC = US) introduced incriminating statements over Massiah’s objections, convicted....

Michigan Department of State Police v. Sitz (p.491) 1990 Procedural Background: Trial Court (Sitz); program violated 4th amendment. MI Court of...

Michigan v. Mosley Facts: D was arrested for robbery, and his Miranda rights were read to him. After about fifteen minutes of questioning, D said...

Michigan v. Summers, 452 U.S. 692 (1981) Author: Seth Facts: As Detroit police officers were about to execute a warrant to search a house for...

Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) Author: Seth Facts: A police officer went to an apartment building to...

Minnesota v. Dickerson, 508 U.S. 366 (1993) Author: Seth Facts: two Minneapolis police officers were patrolling an area on the city's north side...

Minnesota v. Olson (p. 410) 1990 Procedural Background: -Trial Court = Plaintiff -motion to suppress statement denied regardless of 4th...

Miranda v. Arizona (p. 742) 1966 Facts: None of these cases was defendant given full effective warning of rights in outset of interrogation...