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Criminal Procedure Keyed to Dressler
Schneckloth v. Bustamonte
Citation:
412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854.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. Review the Facts of this case here:
While on patrol at 2:40am, an officer stopped a car containing six people because the headlight and license plate light were not working. The driver could not produce a license. The officer requested the occupants to get out of the car, and requested permission from Joe Alacla, who claimed to be the brother of the car owner, to search the car. The police found three stolen checks, later linked to the defendant, one of the passengers.
The defendant was convicted of theft. He filed a writ of habeas corpus arguing that he did not give voluntary consent to the search of the car, which was denied. The United States Court of Appeals for the Ninth Circuit reversed the order denying the writ of habeas corpus, on the grounds that the state failed to prove that the defendant knew he had a right to refuse consent.
- 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.
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