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Criminal Procedure Keyed to Chemerinsky
Davis v. United States
Citation:564 U.S. 229 (2011)
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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.
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- 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:
Davis’s (Petitioner) car was searched during a routine stop, which eventually resulted in his arrest for giving a false name to the police and illegally possessing a weapon. At the time of the search, the investigatory stop and search of the vehicle was legal under Supreme Court precedent, but that precedent was later overruled. The Eleventh Circuit held that the search was unconstitutional under the new precedent, but refused to apply the exclusionary rule and upheld Davis’s conviction.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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