SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Martin
Citation:
866 F. 2d 972 (8th Cir. 1989)Facts
Police informant testified that the Martin and Emerson committed a burglary of a drug store in New Hope, Minnesota, taking over $950 worth of codeine, Ritalin, and other controlled substances. The informant’s testimony was corroborated by a drug store employee who saw the two casing out the store the day before the burglary.
Four days after the burglary, Officer Shannon stopped a car after observing the driver exit the vehicle, go up to the front of a drug store, and investigate its lock. The driver was identified as Martin and Emerson was in the passenger seat. Officer Shannon observed Martin wearing a booster coat and got consent to search the car. Officer Shannon saw a railroad bar, pry pliers, drills, and tools, a buck knife, and a screwdriver. There was not enough to stop the car any further at that time.
Two days after the stop, officers applied for a search warrant for Martin and his car, which was granted. The reason for the warrant included a report from a truck stop manager who stated that a man wearing a booster jacket and driving a car with plates that were registered to Martin, attempted to steal t-shirts. The warrant was executed and officers seized the booster coat, numerous tools, a bag of pills, and a lock pick. Martin was arrested. Emerson’s home was then searched with a warrant, several items were seized, and Emerson was arrested. They were both charged and convicted of burglary and possession of illegal drugs with intent to distribute.
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 Videos 
5m 52s
7m 17sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 