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Criminal Procedure Keyed to Dressler
Terry v. Ohio
Citation:392 U.S. 1, 88 S.Ct 1868, 20 L.Ed.2d 889.
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*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:
An officer was patrolling in plain clothes in downtown Cleveland at approximately 2:30pm on October 31, 1963. He saw the defendant and another man standing on a street corner and testified that “they didn’t look right to [him] at the time.” He started to watch them, and the officer saw one of the men leave the other one and walk past some stores then turn back around. This happened five or six times by each man. A third man approached them and engaged briefly in conversation, then walked away. After ten more minutes of the defendant and second man pacing, peering, and conferring, they walked off together, following the path taken by the third man.
By this time, the officer had become thoroughly suspicious that they were planning to rob a store and feared that they may have a gun. He followed them, identified himself as a police officer, and asked for their names. When the men mumbled something in return, the officer grabbed the defendant, spun him around, and patted down the outside of his clothing. In the left breast pocket of the defendant’s overcoat, the officer felt a pistol. He seized it and and the defendant was convicted of carrying a concealed weapon.
The defendant appealed, arguing that his Fourth Amendment rights were violated by the unreasonable search and seizure. He argued further that it is unreasonable for police to stop and frisk a suspect until the situation evolves to a point where there is probable cause to make an arrest.
- 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.