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Criminal Procedure keyed to Israel
United States v. Drayton
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Two police officers were allowed to board a bus as part of a routine drug and weapons search and after identifying himself as a police officer, one asked the two passenger respondents who were seated together to identify their luggage. The respondents identified one piece of luggage as theirs and consented to its search which yielded no evidence. One of the officers then asked if he could check the person of respondent Clifton Brown and he consented, allowing the officer to pat him down, finding packets typically used to carry illegal drugs. The second passenger Christopher Drayton then was asked if he could be checked, and after his consent he was searched as well, with the officer finding cocaine. The respondents’ motion to suppress the evidence at trial based on invalid consent to search was denied, and then the Eleventh Circuit reversed that holding, expressing the view that passengers do not feel free to disregard officers’ request absent some indication consent can b e refused. The people of the United States were granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.