SmartBrief
0
Confirm favorite deletion?
Criminal Procedure Keyed to Dressler
California v. Hodari D.
Citation:
499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690.Facts
Two officers were on patrol in a high-crime area. They were driving around in an unmarked car and were dressed in street clothes, but wearing jackets with “police” embossed on both front and back. The officers saw four or five youths huddled around a small red car parked at the curb. When the youths saw the officers’ car approaching, they started to run. The defendant and one companion ran west through an alley while the others fled south.
The officers were suspicious and gave chase by foot. Just before one reached the defendant, the defendant tossed away what appeared to be a small rock. A moment later, the defendant was tackled and handcuffed. He was found to be carrying $130 in cash and the rock he had discarded was crack cocaine.
He filed a motion to exclude, arguing that he had been unconstitutionally “seized” within the meaning of the Fourth Amendment, and the drugs were the fruit of that seizure. The trial court denied it. The Court of Appeal of California reversed.
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
10m 22sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 