Term: Summer,
2004
Course Number: LEA 530
Instructor: Michael
J. McCafferty, J.D. (morning)
Dr. Allen Brown, J.D. (evening)
Office Phone: (219) 473-4254
E-mail: mmccafferty@ccsj.edu
Home Phone: 773-443-2975
Office Hours: Wednesday 12:30-2:30 p.m.; 5 p.m. – 6p.m.
Course Time: Thursday 8:30 a.m. – 12:30 p.m.; 6
p.m. – 10 p.m.
Course Description:
This course will address the
constitutional rights of the public, specifically, rights granted under the 4th
Amendment (reasonable search and seizure), 5th Amendment (privilege
against self-incrimination), and 6th Amendment (the right to
counselor). The course will explore
civil liability that municipalities, police departments, police administrators,
and individual officers that can occur when civil rights are violated will be
explored. Included will be federal
civil action under United States Code 1983, state civil action, federal
criminal penalties, and state criminal penalties. Emphasis will be placed on arrest search and seizure, use of
force, police chases and police interrogation.
Textbooks: Contemporary
Criminal Procedure, Seventh Edition, Gould Publications, Holtz.
Statement of Plagiarism:
If
an instructor or other Calumet College of St. Joseph personnel find that a
student has plagiarized or been involved in another form of academic
dishonesty, the instructor or other personnel may elect to bring the matter up
for judicial review. The maximum penalty for any form of academic dishonesty is
dismissal from the College. The procedures for judicial review are listed under
the section of CCSJ handbook that addresses student grievances.
Calumet
College of St. Joseph adheres to citation guidelines as prescribed by the
particular discipline (i.e., MLA, APA, Chicago Manual of Style or
Turabian.). All of these guidelines are
available in the Calumet College of St. Joseph library or bookstore. These texts outline how to cite references
from a variety of sources, including electronic media.
Withdrawal from Classes
Policy:
After
the last day for class changes has passed (see College calendar), students may
withdraw from a course in which they are registered with permission from the
faculty member conducting the course. A written request detailing the reason(s)
for the withdrawal must be filed with the Registrar. Written request for
withdrawal must be received by the Registrar by the last day of classes prior
to the final examination dates specified in the catalogue. Written requests may
be mailed to the Registrar or faxed to the College fax number 219-473-4259.
Students are to make note of the refund schedule when withdrawing from courses.
The request is forwarded to the faculty member, who makes the final
determination to accept or deny the request. If the request is honored, the
student will receive notification of official withdrawal; if denied, the
notification will indicate why the withdrawal is disallowed. Note: Degree
Completion Division (DCD) students should consult the DCD Student Handbook for
information on DCD withdrawals.
An
official withdrawal is recorded as a "W" grade on the student's
transcript. Dropping a
course
without written permission automatically incurs an "F" grade for the
course (see
Refund
Schedule).
Class Policy For
Assignments: All assignments are due on
the scheduled date.
Grading Policy:
|
GRADING
CRITERIA TEST I TEST II Class Participation Simulation/Roll
Call Training |
POINTS 20% 40% 10% 30% |
GRADING
SCALE A 92-100 , A- 90-91 B 82-89 , B- 80-81 C 72-79 , C- 70-71 D 62-69, D- 60-61 F BELOW 60 |
Course Objectives:
Students will:
1) Demonstrate a thorough
understanding of each of the following Civil Codes:
-Civil Rights and Civil Liabilities:
- U.S. Code 1983 Civil Rights
Act
- 1865 Code
- ADA
- State Tort Action (police
pursuit)
- Laws and Regulations
regarding police pursuit
- Tennessee vs. Garner
Compliance
- Interaction between
Constitutional Law and police work with emphasis on 4th, 5th
and 6th Amendments
- Constitutional Guidelines on
the Use of Force and,
2) Assess the implications of these Civil Codes for Law Enforcement Personnel, training and supervision of personnel, and the formulation of public policy.
Competency Area Objective Assessment Tools
|
Civil Rights Legislation |
Students will demonstrate a thorough understanding of the rule of law
found in the civil codes. |
Comprehensive Exams |
|
Analysis and Evaluation of
Civil Rights Legislation for Law Enforcement Personnel |
Students will demonstrate
the ability to assess the implications of civil rights legislation for police
personnel, the training and supervision of police personnel and the
development of public policy. |
Simulation/Roll Call
Training |
Class Assignments:
Week 1
Introduction/Policies Part I, Arrest
Search and Seizure 1.1 Staircase of Belief and
Proof 1.2 Probable Cause Requirement 1.3 Arrest With Warrant 1.4 Arrest Without Warrant 1.5 Entry of a Dwelling to
Effect an Arrest 1.6 Use of Force to Effect an
Arrest 1.7 Substantive and Procedural
Due Process of Law Case Law
Handout (In Class) |
Week 2
Chapter 2
Search Warrants 2.1
Introduction, The Written Warrant Requirement 2.2 The
Neutral and Detached Magistrate 2.3 Probable
Cause Requirement 2.4 The
Particularity Requirement 2.5 Warrant
Execution Chapter 3
Exceptions to the Written Warrant Requirement 3.2 Search Incident to a
Lawful Arrest 3.3 Exigent Circumstances 3.4 Impounded Vehicles and
Inventory Searches 3.5 Motor Vehicles: The
Automobile Exception 3.6 Consent |
Week 3
Exam I Chapter 8 Section 8.3
Investigative Detentions of Vehicles Part II, Interviews and Confessions, The Sixth
Amendment Right to Counsel 11.2 Interviews and Confessions 11.3 Miranda 11.4 Events Surrounding the
Interrogation Process |
Week 4
Part IV,
Liability Chapter 15,
Law Enforcement Liability 15.2 Cases and Materials Case Handouts. |
Week 5
Exam II,
Roundtable Discussion Explanation of
Case Study/Simulation |
Week 6
Roll Call
Training Simulation |
|
*Roll Call
Training Study/ Simulation project is subject to documentation and instructor
approval |