Criminal Procedure: Investigation

What are the various investigatory techniques utilized by law enforcement agencies in the accumulation of evidence? How do we assess their effectiveness and propriety in a democratic society? Students engage with these questions through study, analysis, and critique of the major Supreme Court cases applying the Fourth, Fifth, and Sixth Amendments. They learn constraints on police investigation and the admissibility of evidence through comprehensive coverage of the exclusionary rule (with its extension limiting the use of "the fruit of the poisonous tree," as well as the ways it has been limited through use of the concepts of standing, collateral use, and harmless error); the rules surrounding the use (or lack of use) of search warrants; the doctrine permitting (and limiting) the use of wiretaps, undercover investigation and informants; the development of the doctrine of entrapment; and the rules constraining police interrogation and identification procedures. Particular attention is paid to the application of these constitutional doctrines in New York.