Criminal Law Casebriefs

 

Our Criminal Law Casebriefs digital briefs give you more time to learn the Law. Our Computer Criminal Law Casebriefs digital briefs include every major case in your casebook briefed by a supercomputer program that looks at 220,000 other cases so you know exactly what the case stands for. Criminal Law Casebriefs then follows the traditional case briefing method, method. All Criminal Law Casebriefs titles are keyed to the most current casebook editions. We even include a Criminal Law Casebriefs compendium so that if we do not have your case book you can look up in alphabetical order all our Criminal Law Casebriefs.

 

The Rom law Criminal Law Casebriefs store offers everything you need to succeed in law school. Most important you can download and try our Criminal Law Casebriefs for 3 days for free. With Criminal Law Casebriefs there is no guessing as to what you are getting as you can see our Criminal Law Casebriefs .

 

Here is an excerpt of the Legal Analysis for

 

TEXAS V. WHITE

423 U.S. 67 (1975)

 

LEGAL ANALYSIS: The dissent clearly points out the factual differences between this case and the Chamber case as well as other seminal cases in the seizure of automobiles. See infra.

 

From Dean’s Law Dictionary under the Carroll doctrine (automobile searches) The Fourth Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Contemporaneously with the adoption of the Fourth Amendment, the First Congress, and, later, the Second and Fourth Congresses, distinguished between the need for a warrant to search for contraband concealed in "a dwelling house or similar place" and the need for a warrant to search for contraband concealed in a movable vessel. See Carroll v. United States, 267 U.S. 132, 151 (1925). See also Boyd v. United States, 116 U.S. 616, 623-624 (1886). In Carroll, this Court established an exception to the warrant requirement for moving vehicles, for it recognized "a necessary difference between a search of a store, dwelling house or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon or automobile, for contraband goods, where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought." 267 U.S., at 153. It therefore held that a warrantless search of an automobile based upon probable cause to believe that the vehicle contained evidence of crime in the light of an exigency arising out of the likely disappearance of the vehicle did not contravene the Warrant Clause of the Fourth Amendment. See id. , at 158-159.

 

The Court refined the exigency requirement in Chambers v. Maroney, 399 U.S. 42 (1970), when it held that the existence of exigent circumstances was to be determined at the time the automobile is seized. The car search at issue in Chambers took place at the police station, where the vehicle was immobilized, sometime after the driver had been arrested. Given probable cause and exigent circumstances at the time the vehicle was first stopped, the Court held that the later warrantless search at the station passed constitutional muster. The validity of the later search derived from the ruling in Carroll that an immediate search without a warrant at the moment of seizure would have been permissible. See Chambers, 399 U.S. at 51. The Court reasoned in Chambers that the police could search later whenever they could have searched earlier, had they so chosen. Id. , at 51-52. Following Chambers, if the police have probable cause to justify a warrantless seizure of an automobile on a public roadway, they may conduct either an immediate or a delayed search of the vehicle.

 

In United States v. Ross, 456 U.S. 798, decided in 1982, it  held that a warrantless search of an automobile under the Carroll doctrine could include a search of a container or package found inside the car when such a search was supported by probable cause. The warrantless search of Ross' car occurred after an informant told the police that he had seen Ross complete a drug transaction using drugs stored in the trunk of his car. The police stopped the car, searched it, and discovered in the trunk a brown paper bag containing drugs. We decided that the search of Ross' car was not unreasonable under the Fourth Amendment: "The scope of a warrantless search based on probable cause is no narrower - and no broader - than the scope of a search authorized by a warrant supported by probable cause." Id. , at 823. Thus, "[i]f probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search." Id. , at 825. In Ross, therefore, we clarified the scope of the Carroll doctrine as properly including a "probing search" of compartments and containers within the automobile so long as the search is supported by probable cause. Id. , at 800.  In addition to this clarification, Ross distinguished the Carroll doctrine from the separate rule that governed the search of closed containers. See 456 U.S., at 817. The Court had announced this separate rule, unique to luggage and other closed packages, bags, and containers, in United States v. Chadwick, 433 U.S. 1 (1977). In Chadwick, federal narcotics agents had probable cause to believe that a 200-pound double-locked footlocker contained marijuana. The agents tracked the locker as the defendants removed it from a train and carried it through the station to a waiting car. As soon as the defendants lifted the locker into the trunk of the car, the agents arrested them, seized the locker, and searched it. In this Court, the United States did not contend that the locker's brief contact with the automobile's trunk sufficed to make the Carroll doctrine applicable. Rather, the United States urged that the search of movable luggage could be considered analogous to the search of an automobile. 433 U.S., at 11-12. The Court rejected this argument because, it reasoned, a person expects more privacy in his luggage and personal effects than he does in his automobile. Id. , at 13. Moreover, it concluded that, as "may often not be the case when automobiles are seized," secure storage facilities are usually available when the police seize luggage. Id. , at 13, n. 7. In Arkansas v. Sanders, 442 U.S. 753 (1979), the Court extended Chadwick's rule to apply to a suitcase actually being transported in the trunk of a car. In Sanders, the police had probable cause to believe a suitcase contained marijuana. They watched as the defendant placed the suitcase in the trunk of a taxi and was driven away. The police pursued the taxi for several blocks, stopped it, found the suitcase in the trunk, and searched it. Although the Court had applied the Carroll doctrine to searches of integral parts of the automobile itself, (indeed, in Carroll, contraband whiskey was in the upholstery of the seats, see 267 U.S. at 136), it did not extend the doctrine to the warrantless search of personal luggage "merely because it was located in an automobile lawfully stopped by the police." 442 U.S., at 765. Again, the Sanders majority stressed the heightened privacy expectation in personal luggage, and concluded that the presence of luggage in an automobile did not diminish the owner's expectation of privacy in his personal items. Id. , at 764-765. Cf. California v. Carney, 471 U.S. 386 (1985). In Ross, the Court endeavored to distinguish between Carroll, which governed the Ross automobile search, and Chadwick, which governed the Sanders automobile search. It held that the Carroll doctrine covered searches of automobiles when the police had probable cause to search an entire vehicle, but that the Chadwick doctrine governed searches of luggage when the officers had probable cause to search only a container within the vehicle. Thus, in a Ross situation, the police could conduct a reasonable search under the Fourth Amendment without obtaining a warrant, whereas in a Sanders situation, the police had to obtain a warrant before they searched. In California Acevedo, the Court eliminated the car-container distinction and adopted one rule for automobile searches where no warrant was required.

 

Montenegro Property
View our property map website for Montenegro, including Budva, and the amazing Kotor Bay. This unique website will give you an unfair advantage over other property investors, since you will be able to see exactly where the properties are; on the coastline or in the mountains. In the city, or near a village in the countryside. We have a large variety of real-estate propositions for you. You should really not wait as property prices are only going to get a lot higher, and the views from many of these properties are amongst the most beautiful in the world.

Coffee machines and coffee vending machines in South Africa
This growing company is a leader in the coffee machine market in South Africa. Frontier Beverage Corporation will sell or rent coffee machines to clients and offers a fully outsourced service as well.

STARSCAPES - Work From Home Based Business Opportunity Program, and Cosmic Ceiling Murals
STARSCAPES home based business opportunity program.

Declaration, Constitution, Bill of Rights Authentic Reproductions from The National Archive.com
Declaration, Constitution, Bill of Rights Authentic Reproductions on museum quality parchment.

Beauty Products - Anti-Aging Creams - Skin Care Products - Makeup And Beauty Products
If you are looking for beauty products as well as cosmetic discounted products, anti-aging creams, makeup and beauty products, please review our website. If you are also looking for skin care products as well as discounted perfume items, acne creams and facial skin care products, please visit our website for more details. 80% off retail prices, we ship worldwird for FREE, plus FREE gift wrapping and post card to all order.

Grey county Bruce county Webdesign Content Management solutions for business
Grey Bruce Webdesign offers professional web templates and teaching education for business marketing real estate auto dealerships and various other templates along with web design products available for immediate download.

Weight Loss Magazine
Weight loss magazine and dieting advice and tips. Information and reviews on dieting including low carb dieting, and diet tips for successful weight loss. Overview of popular diets such as Fat Smash, Atkins, the Zone and South Beach, as well as reviews on popular weight loss and diet supplements like hoodia appetite suppressants and stimulant diet aids.

A Place for Quality Gift Ideas
If you want a high quality gift for that special someone, then theGifts4u is the place for you. We feature many brand name gifts that are sure to please. We offer a large variety of gifts for Corporate, Home, Bridal or Baby Showers, and general gift giving. We feature the highest quality gifts that are sure to please. If great quality gifts are important to you and your family, then this is the place for you.

FTA Codes - FTA keys and files, autoroll bins for fta satellite, fta forum
FTA Codes find the latest fta keys, fta software and autoroll bins for every free to air (FTA) satellite receiver. All you have to do is point your dish, use the fta codes autoroll bins for fta keys, and watch fta satellite tv.

Private Investigation Service - Los Angeles California
Private investigation services serving Los Angles, San Diego and all of Southern California. Surveillance (e.g. cheating spouse), background checks (e.g. pre-employment), missing persons, process service, judgment recovery, asset investigation.

Web Doctor Ltd - Makes Your Website Work! EBusiness made easy with practical proven website analysis, critique, hints tips strategies with definite purpose and call-to-action
Website analysis, E-Business made easy with practical proven global internet marketing strategies that call visitors to action by the Web Doctor

Products From New Zealand.com - Unique and Special Gifts to spoil yourself or loved ones with, Maori Art, Jewelry, Exotic Foods, Fashion Clothes, and More
Unique and special gifts, collectibles, furnishings, to spoil yourself or loved ones with: 100% handcrafted, superb prices, beautifully presented, and delivered on time for that special occasion.

Welcome to Theartbay Gallery
Private and Corporate Fine Art on Paper, Canvas and Perspex. From Around The World. Printing prices held constant throughout 2009.

Hyperhidrosis OTC drug
Hyperhidrosis surgical treatments are all over the place. Every thoracic surgeon is now performing ETS, an expensive, dangerous surgery which wipes out your body’s ability to sweat in over 50% of the skin’s surface area. This is very dangerous and the side effects are reprehensible. The surgery should be illegal. Try Maxim antiperspirant to treat Hyperhidrosis.

CartridgeBiz - Epson Inkjet Cartridges High Quality Low Prices
Epson Inkjet cartridges, Inkjet Supplies and Printer Cartridges. FREE Delivery On All Orders.

Answers For Teen Drivers
A place where teen drivers can get all their car-related questions answered.

Boat Covers - Custom Boat Covers - Car Covers
Custom Sunbrella Boat Covers, Car Covers, Bimini Tops, RV Covers and Carports. Buy customized, made to fit covers from Coverquest.com. Specialty fabric Sunbrella Boat Covers and Car Covers, RV Covers, Bimini Tops and Carports.

Circular Variable ND Coating
Spectrum Optical Sources creates and supplies Circular Variable ND Coatings and Neutral Density Step Filters at a price you can afford.

B&G Parts and Repair
B & G parts and repair service from B and G Service. Technical service for most B&G marine navigation products. Parts include depth sensors, compass sensors, wind and speed sensors.

Plano Garage Door Repair, Service, Installation, Sales
A Dependable Garage Door Company has serviced Plano for 30+ years. 10% Off Internet Coupon. Garage/overhead door service, installation, sales, opener/operators in Plano, TX.

Celebrity Jacob & Co watch replicas on SALE! FREE GIFT 4 YOU with every Jacob & Co watch replica you buy! Diamond replica Jacob co watches, 5 working time zones, Lowest Prices on Brand Name Watch replicas
We offer superior quality mirror image replica SWISS High End Watches at Lowest Prices. Our Jacob and Company Watch replicas are on SALE! Plus you get a FREE GIFT with  every Jacob co replica watch that you get.  Fast Shipping on  Luxurious Fake Jacob and co watches, Jacob & CO leather bands & straps, Jacob Co iced out watches, fake designer watches, Omega, IWC etc.

Best American Psychics – Try a Psychic Before You Buy a Psychic – 100% FREE Psychic Readings
Best American Psychics – Try a Psychic Before You Buy a Psychic – 100% FREE Psychic Readings. Are you interested in a psychic reading but are unsure if a psychic will be able to “connect” with you? Visit Best American Psychics and learn how to try a psychic before you buy a psychic! Each week, we air a live radio show and accept callers for live psychic readings. These readings are 100% FREE – giving you the perfect chance to test a psychic’s skills before spending a penny.

Kansas City restaurants - Kansas City Entertainment - Kansas City Hotels
KCKFun.com – your source for information, fun and entertainment for all Kansas City.

Orange County Mold Removal - Mold Remediation Orange County - Southern California Mold Inspection
Orange County California toxic mold assessment& on-site testing services, mold inspection in Los Angeles, San Bernardino, Riverside& Orange County. Rapidly identify household mold in Southern California.