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Criminal Law Keyed to Osler
United States v. McAtee
Citation:538 Fed. Appx. 414 (5th Cir. 2013)
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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:
Defendant was driving a rental car through a border patrol checkpoint in Texas between midnight and 3AM. He had rented the car from Dollar-Rent-A-Car around 8PM the night before and was in control of the car for less than a day. At the checkpoint, he stated that he was a US Citizen traveling to visit family. A canine handler walked around while the defendant was answer questions at the checkpoint, and the dog alerted the presence of drugs. Defendant agreed to a search of the car. He was not nervous and cooperated. When the defendant stepped outside the car, an officer was a red opaque bag in plain view on the driver’s side seat. The bag was not under the seat, but between the seat and the pedals. It appeared to have crystal meth inside of it, so the defendant was arrested. There was also multiple personal items of the defendant in the car, including a duffle bag, hearing aid batteries, clothing, blankets, and an empty aquarium. A drug test showed that there was methamphetamine inside the bag and the the defendant was charged with simple possession.
- 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.