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Criminal Procedure Keyed to Ohlin
New York v. Burger
Citation:482 U.S. 691 (1987)
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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:
Respondent Joseph Burger is the owner of a junkyard in Brooklyn, N.Y. On November 17, 1982, officers from the New York City Police Department entered respondent’s junkyard to conduct an inspection pursuant to the N.Y. law. Upon entering the junkyard, the officers asked to see Burger’s license and his police book – the record of the automobiles and parts in his possession. Burger relied that he had neither of them. The officers then announced their intention to conduct an inspection, which Burger did not object. The officers copied down the Vehicle Identification Number of several vehicles that were in the junkyard. After checking these numbers against a police computer, the officers determined that respondent was in possession of stolen vehicles. Accordingly, Burger was arrested for possession of stolen property. Burger asserts that the vehicle numbers were obtained in an unlawful manner by the police.
- 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.