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Criminal Procedure Keyed to Allen
Mapp v. Ohio
Citation:367 U.S. 643 (1961)
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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:
The police received a tip that a suspect wanted in connection with a bombing was hiding out in the home of the Appellant, Mapp. The tip also stated that there was a lot of paraphernalia in the home. The Appellant lived there with her daughter. Three officers arrived at the Appellant’s home. Upon their arrival, they knocked and demanded entrance, but the Appellant refused to since they did not have a search warrant. The police returned later and when the Appellant did not come to the door, they forcibly entered the residence. The Appellant demanded to see the search warrant and one of the officers held up a piece of paper which they claimed to be the warrant. A physical altercation occurred when the Appellant grabbed the warrant and the officers tried to get it back from her. The Appellant was then put in handcuffs and taken upstairs to her bedroom where the officers searched the room as well as the rest of the residence. The search revealed obscene materials. The Appellant was tried for possessing obscene materials even though at trial no search warrant was ever provided by the prosecution nor was an excuse given as for why one was not obtained or provided. There was doubt as to whether there was ever a search warrant that existed for the Appellant’s home. Despite this, the Appellant was convicted.
- 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.