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Criminal Law keyed to Dripps
United States v. Rose
Citation:613 Fed. Appx. 125.
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- 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:
On September 10, 2009, a detective was investigating a recent burglary during which a .40 caliber handgun was stolen. Through information received and corroborated by a number of juveniles, the detective had reason to believe the handgun was located at a 340 Cypress Avenue, Apartment 6. The detective decided to go to the apartment and took along three other officers. When they arrived, one officer walked to the rear of the building while the detective knocked on the front door of Apartment 6. Brandon Grayson was renting the apartment and answered the door. At the time, Grayson was preparing to host a cookout and Grayson’s brother, his brother’s girlfriend and child, and Rose were all present in the apartment. The detective explained why he was there and asked permission to search the apartment. Grayson did not consent to the search and advised that the officers would need to secure a search warrant. The detective responded that he would seek one, but in the interest of officer safety and to prevent the destruction or removal of evidence, they would need to secure the apartment. Grayson then allowed the officers to enter the apartment. At the same time, the officer stationed at the rear of the building heard a window open and saw Rose leaning out with a revolver in his hand. He radioed the others and order Rose to drop the gun. Rose did not comply with the order and failed in an attempt to throw the gun onto the building’s roof. The detective and an officer entered the room where Rose was and arrested Rose. Officers seized the .38 caliber revolver he had tried to hide, along with money and crack cocaine concealed on his person. (After obtaining a warrant, the officers searched Apartment 6, but did not locate the stolen .40 caliber.)
- 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.