SmartBrief
Confirm favorite deletion?
Criminal Procedure Keyed to Ohlin
South Dakota v. Opperman
Citation:
428 U.S. 364 (1976)Facts
Local ordinances prohibit parking in certain areas of downtown Vermillion, S.D., between the hours of 2 a.m. and 6 a.m. During the early morning hours of December 10, 1973, a Vermillion police officer observed respondent’s unoccupied vehicle illegally parked in the restricted zone. The officer issued an overtime parking ticket and placed it on the windshield with a warning that the vehicle may be towed from the area. In the afternoon, another officer issued a parking ticket and the car was towed to the city impound lot. At the impound lot, a police officer inventoried the contents of the car, including the glove compartment which was unlocked. There he found marijuana contained in the plastic bag. Respondent was subsequently arrested on charges of possession of marijuana. He was convicted and sentenced to a fine of $100 and 14 days of prison time.
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.
Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
WarrantsTopic Charts & Notes
Search Warrant Exceptions