Criminal Procedure
In 3-4 pages, analyze the following information, comments, and questions.
In U.S. v. Dickerson (2000), the U.S. Supreme Court held that Miranda was required by the Constitution and was not a court-made rule that could be overruled by Congress. The Fourth Circuit held otherwise. Which institution?the U.S. Supreme Court or the U.S. Congress?can most safely be entrusted with protecting citizens against abuses of government power? Since Miranda has been applied against the states for almost forty years since its inception, how can it be credibly be argued that it is just a rule for federal courts? This was a significant victory for the rights of suspects, but also a victory of the U.S. Supreme Court over Congress. Given the court?s role in deciding the contested 2000 U.S. presidential election and its ability to rule authoritatively on some of society?s most contentious issues, (e.g., abortion, school desegregation, affirmative action), is the U.S. Supreme Court now the most powerful branch of government? If so, is this a good thing?
Does the decision made by the Supreme Court in Dickerson have implications for the federal exclusionary rule? If Miranda is a command of the Constitution and cannot be overruled by Congress isn?t the exclusionary rule a rule of the Constitution? The current U.S. Supreme Court position is that the exclusionary rule is a court-made rule and not a command of the Constitution. Can that logic survive Dickerson? Why or why not?

Discussion Questions – Chapter 7
1. Assume that a defendant is arrested in his kitchen for the armed robbery of a bank earlier that day. The arresting officers have an arrest warrant but no search warrant. The defendant is one of three persons wanted in the robbery. The defendant’s automobile, the suspected getaway car, is parked in his driveway. Indicate the full extent of the arresting officers’ authority to search the defendant, his premises, and his automobile under the search-incident-to-a-lawful-arrest doctrine.

2. Assume the same facts as in question 6, except that the defendant is arrested while running from his house to his automobile. Indicate the full extent of the arresting officers’ authority to search the defendant, his premises, and his automobile. What if the officers have only a search warrant for the defendant’s house, and no arrest warrant? What if it is raining heavily?

3. Explain the differences between an arrest with a warrant and a warrantless arrest for
felonies and misdemeanors.

4. Is it reasonable for the officer to believe that evidence relevant to the crime of arrest
may be found in the vehicle of the arrested occupant? Explain.