Put collectively a report that briefs two cases and applies the laws from the cases to a hypothetical actuality pattern.
It is best to embrace all of the elements of the short-term. In addition to, you need to speak about what the outcome might be
beneath the hypothetical actuality pattern using the laws from the case(s).
The goal of this mission is that may assist you to develop to be acquainted with case briefing as a software program for presenting,
analyzing, and making use of case laws.
The state of affairs for this case is as follows:
You are a licensed authorized skilled inside the Commonwealth of Massachusetts. Your client has merely been convicted of
possession with intent to advertise marijuana. The case proceeded as follows, particularly, the Prosecution had
proof procured beneath a official warrant that included twenty full grown marijuana crops. The warrant that
seized the crops had been procured with potential set off, signed by a magistrate, to look inside the house,
along with the attic, and accurately utilized on the house of the buyer. With a view to acquire the warrant,
Officer Jones had well-known a possible “develop light” inside the attic of your client’s residence. This aroused his
inexpensive suspicion, primarily based upon his years of service, so he returned on trash day, and went by the use of the
plastic baggage on the curb subsequent to your client’s premises (that house recognized, in licensed phrases, as a result of the “curtilage”
of the premises), the place he found marijuana seeds and drug paraphernalia. He took these to the magistrate as
proof of potential set off, and the warrant was issued. At trial you had objected to the warrant itself, and
to the search of the trash with out a warrant, which could make the proof “the fruit of a poisonous tree”
and matter to suppression. The Courtroom docket overruled every of your objections, and your client is now doing 20
years in Most Security.
You could mount an Enchantment. Is there any technique that you just might obtain this reply the following questions, and
short-term the two cases as a part of your reply for help.
1. Do you could have any support beneath Federal precedent Why or why not
2. The Commonwealth is in full accord with the Federal precedent. Why is that this mandatory
three. Is there each different State that will differ with Federal precedent Why might it’s essential to go to this measurement
4. How might you make the most of the precedents from all authorities, and what authority might offer you a slight probability
to prevail inside the Massachusetts Courtroom docket of Appeals
Cases: Federal precedent – California v. Greenwood 486 U.S. 35 (1988).
Worldwide State precedent – State v. Goss 150 NH 46 (2003).
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