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Criminal Procedure Keyed to Ohlin
Oregon v. Elstad
Citation:
470 U.S. 298 (1985)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- 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.
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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:
In December 1981, the home of Mr. and Mrs. Gilbert Gross, in the town of Salem, Polk County, Ore., was burglarized. Missing were art objects and furnishings valued at $150,000. A witness to the burglary contacted the Polk County Sheriff’s office, implicating respondent Michael Elstad, an 18-year-old neighbor and friend of Grosses’ teenage son. Thereupon, two officers went to the home of respondent Elstad for his arrest. Elstad was transported to the sheriff’s headquarters and one hour later, the officers advised respondent for the first time of his Miranda rights. Respondent indicated he understood his rights and gave a full statement, explaining that he had known that the Gross family was out of town and had been paid to lead several acquaintances to the Gross residence and show them how to gain entry through a defective sliding door glass. The statement was typed, reviewed by respondent, and signed by Elstad and both officers.
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