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Elements of a criminal

elements of a criminal

case. constitutional rights in criminal law and the difference between a trail court and an

appellate court. Additionally, students will be putting together all parts ofthe project for a final


See last page of this criteria at end of briefing instructions for some due date changes!

Project Part 3

1. Find your states law regarding search and seizure. Look at both your State’s constitution and

your State’s statutes.

2. Find a recent criminal case in your state that was appealed up to your state’s highest court

based upon an issue of illegal search and seizure.

3. Make sure as you look for cases you locate one that is from your State’s highest court (Not

the US. Supreme court!!!) and not an intermediate appellate court. Also make sure the issue

of law that the appeal is based upon in your case relates to an individuals 4″‘ amendment

right regarding not to be subject to unreasonable search and seizure.

4. Once you have located and decided on an appropriate case then you are to brief the case. See

briefing instructions located at the end of the part four criteria.

5. After briefing your case locate in your case the court’s opinion (this is what makes up their

reasoning). As you read over this case find prior cases your State’s high court refers to in its

opinion or reason as the main, or one of the main supports (percent or prior case ruling) used

to influence or dictate its ruling in your case.

6. Now go and find this case from the courts opinion. Read over this case and identify the key

facts of the case and the appellate courts ruling in this case that relate to the case you briefed.

Type up in an outline or using bullet points both the key facts and identify the appellate

courts ruling.

7. After reading this earlier case decide if you agree with the court’s decision in your case. In

other words, is their interpretation of the prior case and the ruling made in the prior case truly

applicable to your case‘? If so do you have the same interpretation of the prior case as the

court did when ruling in your case or a different interpretation‘? Write a 200-300 word essay

in 3’“ person that addresses these questions. Write it from the context you are a lawyer who

has been asked to make an assessment and provide a professional opinion about the

interpretation of the original case you briefed and the court’s ruling in the appellate hearing.

Last Updated on February 10, 2019

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