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Criminal Procedure Keyed to Ohlin
United States v. Sokolow
Citation:490 U.S. 1 (1989)
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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:
On a Sunday in July 1984, respondent went to the United Airlines ticket counter at Honolulu Airport, where he purchased two round-trip tickets for a flight to Miami leaving later that day. The tickets were purchased in the names of “Andrew Kray” and “Janet Norian” and had open return dates. The ticket agent noticed that respondent seemed nervous and he was accompanied by a woman. Neither respondent nor his companion checked any of their four pieces of luggage. After the couple left for their flight, the ticket agent informed Officer John McCarthy of the Honolulu Police Department of respondent’s cash purchase of tickets to Miami. When respondents returned from Miami, DEA agents officer escorted them to the DEA office at the airport. There, the couple’s luggage was examined by a narcotics detector dog, which alerted on respondent’s luggage. The agents found 1,063 grams of cocaine inside the bag. Respondent was indicted for possession with the intent to distribute 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.