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Assignment 5: Case Brief
Due Week 9 and worth 300 points
For purposes of this assignment, assume that Terry v. Ohio, 392 U.S. 1 (1968) is still a fully valid law. Your supervising attorney hands you a file containing the background information from a client (Joe Taxpayer), and asks you to prepare a brief. The attorney believes Terry v. Ohio is directly on point and asks you to base your brief on that case.
Joe walked through downtown Atlanta on Friday afternoon. He left work and proceeded to the closest bank. He intended to use its ATM machine to retrieve funds he intended to use in his typical Friday night festivities. Joe dressed that day in older clothes, as his boss asked him to transport some dusty file boxes to a warehouse for storage. Joe had been robbed on four previous occasions in downtown Atlanta. Those experiences convinced him that he needed a weapon. Joe carried a .45 caliber pistol concealed on his person. He knew it was technically a crime to carry a concealed weapon without a permit, but he valued personal safety over the threat of prosecution. After all, no police had prevented the previous four robberies. When Joe approached the ATM, he realized there was a significant line for its use. As Joe had previously experienced daylight robberies in that area, his head remained on a proverbial “ swivel” as he waited. He diligently watched his surroundings and those individuals in his proximity. Officer Donut was on foot patrol in the area. Donut observed Joe, and found Joe’s frequent head-turning suspicious. Donut approached Joe and asked for his identification. Joe replied that he had no identification on his person but his ATM card. Donut became more suspicious of Joe. Donut asked Joe a series of questions regarding personal information, which Donut then radioed to police headquarters. Donut verified Joe’ � s identity in this manner and learned that there was no criminal history for Joe. Still, Donut was suspicious. Donut noticed that Joe was wearing an oversized denim jacket, and that his clothing appeared to be unkempt. Donut suspected that Joe had plans to rob the bank’s ATM customers. Donut asked Joe to remove his jacket, and Joe refused. Donut then physically grabbed Joe, pushed him against the bank wall, and frisked him. Donut found Joe’s pistol. Donut arrested Joe for possession of a concealed weapon, and for attempted robbery. The only physical evidence the State possessed was Joe’s pistol. Your supervising attorney asked you to prepare a brief regarding the “Exclusionary Rule” and address whether or not Donut’s search and “field interrogation” of Joe was legally permissible, synthesizing the facts and law in Terry v. Ohio.
You are to write a three page case brief in which you
Develop and include a caption and introductory statement.
Develop and include a statement of facts.
Develop a clear and cogent argument.
Develop a conclusion drawn from facts presented.
Include signature, date, and certificate of service.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
Use the rules for citation form for primary and secondary authorities as well as the use of signals such as id., supra, infra, etc.
Develop effective legal writing skills using the following techniques: precision, clarity, readability, brevity, and order.
Use technology and information resources to research issues in legal research and writing.
Write clearly and concisely about legal research and writing using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, Click here to review the grading rubric for this assignment.