SmartBrief
Confirm favorite deletion?
Criminal Procedure Keyed to Dressler
Arizona v. Gant
Citation:
556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485.Facts
The police had reliable information that there was an outstanding warrant for the arrest of the defendant, Rodney Gant, for driving without a license. Officers proceeded to the house where they expected to find him. Shortly after, he drove into the driveway and was arrested after he got out of this car. The defendant was handcuffed and placed in a locked patrol car. Two officers then searched his vehicle and found drugs.
The defendant filed a motion to suppress the evidence obtained from the search of the vehicle. The trial court denied this motion and he was convicted. He appealed, and the Arizona Supreme Court reversed, holding that the search incident to arrest exception to the Fourth Amendment’s warrant requirement did not justify the search in this case.
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.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.
Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
4th Amendment IntroTopic Charts & Notes
Search Warrant Exceptions