Sign In
Not register? Register Now!
Essay Available:
Pages:
3 pages/≈825 words
Sources:
3 Sources
Level:
APA
Subject:
Literature & Language
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 10.8
Topic:

Chimel Vs. California, 395 U.S. 752 (1969) (Case Study Sample)

Instructions:

Research and write a case brief about a U.S. Supreme Court decision. Choose a case from the list below. If you wish to brief a case not listed, you must seek prior approval from me to deviate from the list.
Formatting the brief: each brief must be typed, 12 point font, double-spaced with standard margins (1.5” on left, 1” at the top, bottom and right) and include pagination, three (3) to five (5) pages in length, in addition to a reference list. Case briefs must be written in APA format (see supplemental reference list contained in the syllabus for assistance). Do not include a title page or abstract.
Use Headers:
Introduction to the case: what is it about? Why is it important? Make sure you introduce the case including the case number.
Facts of the case: be specific about what happened in the case; describe the procedural history of the case—what happened at the trial level, at the appellate level?
Issue: what is the issue before the Court? Be specific. This should be a statement that clearly identifies what issue the Court is addressing in the case.
Holding: what did the Court decide? Do not put only “affirmed” or “reversed” as the holding. Describe exactly what the Court decided. The Court may write “we hold that...” or “we find...” The holding is normally written at the end of the case.
Rationale: list the vote count among the justices. Who dissented with the majority and the reason they disagreed. What was the Court's rationale for their decision? Describe all differing opinions among the justices. Did the decision overturn a previous Court decision on this issue? If so, what was the case (cite the number) and the rationale for overturning this case?
Significance: how did this case change the work of law enforcement officers or the criminal justice system? Why is it important that we study the specifics of the case. Describe cases that built on your case's decision. Be sure to include the case number and what the case was about.
References: list of all sources used to research the case.
Case Brief Formatting:
Introduction of the case: what is the case about? Why is it important to study it? Be sure to cite the entire case number at the beginning of your brief
Facts of the case: be specific about what happened in the case; describe the procedural history of the case; what happened at the trial level, then the appellate level, then the Supreme Court level?
Issue: what is the issue before the Court? Be specific. This should be a statement that clearly identifies the issue at bar.
Holding: what did the Court decide? Do not put only "affirmed" or "reversed"as the holding--explain it. The holding usually starts with, "we hold that...." or "we find...." The holding is normally written at the end of the case.
Rationale: list the vote count among the justices. Who dissented with the majority and why? What was the Court's rationale for their decision? Describe all differing opinions among the justices. Did the decision overturn a previous court decision on this issue? If so, what was the case (give a brief explanation of that case, and ensure you cite the case number and include it in your reference list). Why did the Court overturn the previous case?
Significance: how did this case impact how police investigate crime, or how the CJ system operates? Why is it important we study the specifics of the case? Include subsequent Court decisions on this issue (remember to cite the case number and include in reference list). Did the subsequent case expand on the current ruling?
Reference List: include all sources used to write your brief, included case law.
***When citing your sources, use APA format; when citing electronic sources (websites), be specific in the citation; and when citing the textbook or other books, magazines, ensure you include the page number

source..
Content:

Chimel v. California, 395 U.S. 752 (1969)
Author Name
University Name
Introduction
It is said that a person's house is his castle. But what if he gets arrested in his own castle and is not given full rights? Doesn't he deserve any respect? Are the cops free to treat him inhumanly? In 1969, a complex case was filed against cops where the victim claimed that officers not only treated him badly but also searched the entire home without a search warrant. The U.S. Supreme Court held that police arresting a criminal at home would not search his home without permission. However, they were allowed to search the criminal's bedroom or the area within his immediate reach. Today, as part of Chimel Rule, police officers can look for evidence only when they have a search warrant or would have to arrest the criminal as such. Deputy attorney general Ronald George, who challenged the position of State of California in the high court, later became Chief Justice of State of California (Bartholomew, 1972).
Facts
An arrest warrant was issued for a burglary of the coin shop. The police officers took several days to complete their investigation and were then allowed to enter his house. Here they spent some hours as the burglary was out for some work. Upon his arrival, they showed him the arrest warrant and ordered to come with them. Meanwhile, the cops started searching his entire house and caused problems for his whole family. When asked if they had a search warrant, the police officers accused not only the burglary but also his family. They were supposed to seek permission before looking around, but they did not do so and continued doing what they had planned. Here we should not forget that the petitioner had refused their request for searching the house, but police argued that it was part of their investigation and they did have a right to do so. They tried to find evidence in the bedrooms, workshop, backyard, lawn, and other areas of the house (Lewis, 2007).
Issue
Can there be any justification for this incident? The only issue was that those police officers had accompanied an arrest warrant with them, not a search warrant. But they sear

...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:

Other Topics:

Need a Plagiarism Free Essay?
Submit your instructions!