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Criminal Procedure Keyed to Chemerinsky
Rakas v. Illinois
Citation:439 U.S. 128 (1978)
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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.
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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:
Rakas (Petitioner) was convicted in Illinois circuit court of armed robbery. At trial, the government entered into evidence a sawed-off rifle and rifle shells that were found in a search of a car in which Rakas was a passenger. Rakas’s motion to suppress the evidence was denied. The Illinois Appellate Court held that Rakas lacked standing to object to the allegedly unlawful search and seizure of the evidence from the car.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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