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Criminal Procedure keyed to Kamisar
Carpenter v. United States
Citation:___ U.S. ___, 138 S.Ct. 2206, 201 L.Ed.2d 507 (2018)
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- 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:
Prosecutors obtained the cellphone records of several robbery suspects via a court order under the Stored Communications Act, which requires information short of probable cause. Cellphone providers keep records of which cell sites were used by particular phones to route particular calls, which enable them to know the rough location of the phone when a call was placed (called cell-site location information, or CSLI). The FBI obtained 12,898 location points cataloging Carpenter’s movements over 127 days. Carpenter was unable to suppress the data at trial, which showed he was near four robbery locations at the time those robberies occurred.
- 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.