SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to Capers
People v. Diaz
Citation:
24 Cal. App. 5th Supp. , 234 Cal. Rptr. 3d 427 (2018)Facts
On September 21, 2016, San Diego Police Department Officer Colin Governski went to Bonita Cove to investigate persons living out of their cars. The officer recognized Mr. Diaz’ truck—it had a camper shell missing a rear window that was partially covered with a blanket. The officer could hear him snoring. The officer retrieved his camera from his patrol car and also activated his body camera. The officer testified he had given Diaz three prior warnings and three prior citations. During each of the seven total contacts with Diaz, the officer offered a number of resources, including food and shelter, provided by the Homeless Outreach Team (HOT), but each time he declined. The officer testified that during the June 10, 2016 contact, Diaz explained that, although he had never used the HOT services, he declined to use them because he believes his medication would be taken away and also stated that he couldn’t live at his sister’s house because she has a child.Shortly after 6:00 p.m. on the date in question, the officer called out to Diaz and eventually awakened him. Diaz testified the law was so vague that all he had to do was have a camper shell full of camping equipment and, to the officer, that would be habitation.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
2m 6s
