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Criminal Procedure Keyed to Miller
George Membres v. State
Citation:889 N.E.2d 265 (Ind. 2008)
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*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:
A confidential informant reported that he had seen another drug dealer at the home of George Membres (defendant) and he believed Membres was dealing large quantities of marijuana from his home. Surveillance officers also observed a car belonging to a suspected drug dealer parked at Membres’s home. Based on this information, an officer seized Membres’s trash in front of his home on collection day. A search of the trash revealed marijuana, burnt ends of marijuana cigarettes, baggies, empty packages of rolling paper, and mail addressed to Membres. Police obtained a warrant to search the home and seized $57,060 in cash, marijuana, rolling papers, drug paraphernalia, firearms, Rolex watches, and other jewelry, cell phones, and documents.
The State of Indiana charged Membres with drug trafficking and moved to transfer the seized property to federal authorities for forfeiture proceedings. Membres moved to stay forfeiture and suppress the evidence, arguing that the search warrant was based on an illegal search of his trash.
- 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.