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231 sec. 1 - Criminal Procedure: Investigations (Fall 2014)

Instructor: Kyle Fletcher Graham  (view instructor's teaching evaluations)
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Units: 3
Meeting Time: TuTh 11:20-12:35
Meeting Location: 100

Course Start: August 26, 2014
Course Control Number (Non-1Ls): 49613


This course considers the rules that apply to the investigation of crime by law enforcement. Specific topics addressed include the law of search and seizure, police interrogations, and the right to counsel. Slightly more than one-half of the course will concern the Fourth Amendment to the United States Constitution and related law (search and seizure). The remainder of the course will take up the Fifth and Sixth Amendments (interrogations and the right to counsel).

This course aims to provide students with a practical understanding of the law surrounding criminal investigations, for their future use as prosecutors, criminal defense lawyers, civil-rights litigators, or otherwise. Toward this purpose, this course will address both "traditional" law enforcement techniques as well as modern developments such as police use of GPS devices, cell-phone tracking, and the search of computers. In addition, the course will touch upon more general themes including, but not limited to, the respective institutional competencies of legislatures and courts; the relationships between substance and procedure in criminal law; considerations that inform choices among constitutional, statutory, and extralegal rules; the influence of broad social, cultural, and political trends on the development of the law; and the various intersections of race, class, and the law of criminal procedure.

Kyle Graham is an assistant professor at the Santa Clara University School of Law, where he has taught since 2009. Previously, he was a Deputy District Attorney in Mono County, California. Professor Graham clerked for Judge William Alsup of the United States District Court for the Northern District of California and Justice Carlos Moreno of the California Supreme Court. He also worked as a litigation associate for the law firm of Gibson, Dunn & Crutcher LLP. He graduated with a J.D. from Yale Law School in 2001, and received a B.A. degree from Stanford University in 1996.

Exam Notes: F
Course Category: Criminal Law
This course is cross-listed in the following categories:
Litigation and Procedure

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