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Criminal Procedure keyed to Weinreb
California v. Greenwood
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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:
Police with the Laguna Beach Police Department received information that the respondent might be trafficking narcotics. The police asked the regular trash collector to gather the respondent’s trash and keep it separate from the other trash in the neighborhood, so that it might be examined for evidence of narcotics trafficking. Evidence was found in the garbage, and a search warrant was issued to search the respondent’s house based upon that evidence. Police searched the respondent’s house and arrested him after discovering narcotics. Respondent posted bail. The police continued to receive reports of narcotics trafficking at the respondent’s house. A second search of the respondent’s trash was conducted and again a search warrant was issued in which more narcotics were found in the house. The respondent was again arrested. The Superior Court dismissed the charges stating that warrantless searches of trash violated the Fourth Amendment and the California Constitution. T he Court of Appeals affirmed, and the California Supreme Court denied the State’s petition for review. Certiorari was granted.
- 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.