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Criminal Law keyed to Dripps
Mapp v. Ohio
Citation:367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.
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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:
On May 23, 1957, three Cleveland police officers went to appellant’s residence looking for a person of interest allegedly hiding in the home. The appellant and her daughter live on the top floor of the dwelling. After phoning her attorney, the appellant refused to admit the police without a search warrant. The officers then undertook surveillance of the residence and three hours later four more officers arrived. When the appellant failed to open the door immediately, at least one door to the home was forcibly opened in order for the police to gain entry. The appellant was partially down the stairwell at the time and demanded to see a search warrant, an officer handed her a paper which she placed in her bosom. The officers then struggled with the appellant to recover the paper and handcuffed her for being “belligerent.” Appellant was then taken upstairs to her bedroom while the officers looked through her personal belongings. The officers searched the entire home including her daughter’s bedroom, the living room, kitchen, dinette, and basement. During the search lewd and lascivious pictures, photographs, and books were discovered. The appellant’s attorney arrived at the residence during the search and officers did not permit him to enter the home. At trial, no search warrant was ever produced and there was considerable doubt the warrant ever existed.
- 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.