Confirm favorite deletion?
Criminal Procedure keyed to Weinreb
Illinois v. Wardlow
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
The Respondent, Wardlow (the “Respondent”), fled from an area known for heavy narcotics trafficking after seeing police officers. The Respondent was caught by two officers and they conducted a protective pat down for weapons. The officers found a 38-caliber handgun and arrested the Respondent. The Illinois trial court denied the Respondent’s motion to suppress, finding that the gun was recovered during a lawful stop and frisk. The Respondent was convicted of unlawful use of a weapon by a felon. The Illinois Appellate Court reversed and found that the gun should have been suppressed because the arresting officer did not have a reasonable suspicion sufficient to justify a [Terry v. Ohio] stop. The Illinois Supreme Court agreed and found that sudden flight in a high crime area does not create a reasonable suspicion justifying a [Terry] stop. The court found that based on [Florida v. Royer], flight may be an exercise of ones right “to go on one’s way”, and could not constitute reasonable suspicion. The court also found that flight plus a high crime area also were not sufficient.
- 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.