Confirm favorite deletion?
Criminal Procedure Keyed to Ohlin
United States v. Montoya de Hernandez
Citation:473 U.S. 531 (1985)
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:
Respondent Rosa Montoya de Hernandez was detained by customs officials upon her arrival at the Los Angeles Airport on a flight from Bogota, Colombia. Respondent arrived at Los Angeles International Airport shortly after midnight. At the customs desk, she encountered Customs Inspector Talamantes, who reviewed her documents. The inspector referred respondent to a secondary customs desk for further questioning. Respondent revealed that she spoke no English and had no family or friends in the United States. She explained in Spanish that she had come to the U.S. to purchase goods for her husband’s store in Bogota. The customs inspectors recognized Bogota as a source city for narcotics and suspected that respondent was a “balloon swallower,” one who attempts to smuggle narcotics into this country hidden in her alimentary canal. Respondent withdrew the consent for an x-ray requested by the inspectors. Customs officials attempted to place respondent on a Mexican airline that was flying to Bogota via Mexico City, but the airline refused. Respondent not permitted to leave remained detained in the customs office but refused all offers of food and drink and to use toilets. When the respondent later agreed to get a x-ray, the physician discovered a balloon containing cocaine.
- 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.