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Criminal Procedure keyed to Saltzburg
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:
Respondents Drayton and Brown were traveling on a passenger bus that was stopped for a routine search by three police officers. Two positioned themselves up front; one proceeded down the aisle, engaging the passengers in conversation. According to his testimony, passengers were not required to cooperate. However, he did not inform the passengers of this fact. The respondents were seated next to each other. The officer informed them, in a voice “just loud enough” for them to hear, that he was part of an interdiction effort, and asked if they had any bags. When they indicated one above them, he requested permission to check it, which they granted. Finding nothing, the officer requested to check Brown’s person. Brown granted permission. During the pat down, the officer detected hard packages similar to those used to transport drugs. Brown was taken into custody. When the officer asked Drayton, Drayton raised his hands about eight inches from his legs. The officer foun d similar hard packages, and took Drayton into custody. Upon further searching, both respondents were found to be carrying sizeable amounts of cocaine.
- 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.