We would agree with Federal District Judge Roettger in U.S. v. Blake and Eason, 718 F.Supp. ], If the Fourth Amendment means anything, it means that we citizens should be free from unreasonable searches of the most private areas of our bodies. Dec. 12, 1990. State cases are important for two reasons. proceedings). When that happens, we change, often reluctantly, and do things differently; these changes themselves become guides to future action. This is not law and lawyers cannot use it as such. Most excerpted cases are United States Supreme Court cases. I have annotated it so that you can understand all of the parts of the case. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply. We emphasize that these encounters are random, not generated by any articulable suspicion of wrongdoing, nor by a drug courier profile, nor by a fear for the officer’s safety. Sometimes, you will read United States courts of appeals cases. The issue in this case [the issue is the legal question in the case] is whether the consensual search of the defendant exceeded its scope when the female officer searched the male appellant’s crotch area. In ordinary life, then, as in criminal procedure, following past practice gives stability, predictability, and a sense of fairness and justice to decisions. It’s a matter of convention, and there may be regional differences. c. What constitutional provision, statute, or rule did the police, prosecutor, judge, defense counsel, or other official violate? See chapter 7 for a discussion of searches.] [Notice here the use of a number of cases that supposedly support the court’s conclusion that it is a greater invasion of privacy for a female to touch the genitals of a man, and presumably vice versa. We affirm on the authority of U.S. v. Blake, 888 F.2d 795 (11th Cir. In a narcotics prosecution, the Circuit Court, Broward County, Mel Grossman, J., found that the consensual search of the defendant did not intrude into impermissible areas, and defendant appealed. The Supreme Court grants only a small percentage of petitions for certiorari. [This is the decision of the court. Ordinarily, when cited in other works, you will only see the part of the title in capital letters, that is, in this case Tognaci v. First, the majority’s and the concurring justice’s arguments will convince you; then, the dissent will lead you to the opposite conclusion. Therefore, the court could reasonably conclude that this search did not intrude into impermissible areas. If the professor, on the fourth exam, gives you an essay examination covering material you heard in class but that did not appear in the text, you may not like it. of certiorariLatin for "to be more fully info… Furthermore, it should aid you in reading and understanding cases you may wish to look up for yourself or which your instructor assigns to you. Harry Gulkin of Harry Gulkin, P.A., Fort Lauderdale, for appellant. Docket - A record of all cases and actions scheduled to be heard in court, whether or not the matter is actually heard in a court on a particular day. The Supreme Court reviews only a few of the tens of thousands of decisions made by police officers, prosecutors, trial judges, and state appellate courts. We are accustomed to the basic notion of precedent in ordinary life. Knowing what to expect, and counting on it, guides our actions in the future so that we can plan for and respond to challenges and solve problems. How long will it take to cook a 12 pound turkey? If a majority of the justices agree with a result in the case but they cannot agree on the reasons for the result, the opinion with the reasoning agreed to by the largest number of justices is called a plurality opinion. [These are the famous headnotes in the West Key notes system established by West Publishing Company. a. In the excerpts of older cases, you will find yet another name for the party that appeals. States interpret and apply their constitutional provisions for themselves. Supreme Court Justice and respected judicial philosopher Benjamin Cardozo once said about precedent and the doctrine of stare decisis: [ex]It is easier to follow the beaten track than it is to clear another. General, Tallahassee, and Sylvia H. Alonso, Asst. What legal principle can be drawn from the court’s opinion? Anthony L. TOGNACI, Appellant, v. STATE of Florida, Appellee. This interplay teaches you an important point: Plausible arguments support both the government’s position and the defendant’s position in most cases. The conflicting arguments and reasoning in the majority, plurality, concurring, and dissenting opinions will challenge you to think about the issues in the cases because, most of the time, all of the justices convincingly argue their views of the case. If justices do not agree with the court’s decision, whether plurality or majority, they can vote against the decision and write their own dissenting opinions explaining why they do not agree with either the reasoning, the result, or both. Precedent—the way we have done things before—makes life stable and predictable. The first name refers to the party that brought the action. The deputies are trained to make random encounters of the traveling public in airport terminals, bus stations, and train stations. 1879, 76 L.Ed.2d 810 (1983) (all of which recognize that even a male prison inmate has a right of privacy against a frisk of the genital area by a female guard.) The headnotes provide brief summaries of the main points of law in the case. 611, 625 P.2d 123 (1981); Madyun v. Franzen, 704 F.2d 954 (7th Cir. d. What did the court decide with respect to the questions or issues raised? Occasionally, you will also read cases from state courts. f. What was the disposition in the case? It grants certiorari not because of the individual litigants, but because a case raises an important constitutional issue affecting large numbers of individuals. This is the most common form of what is called legal reasoning, that is, comparing and contrasting cases already decided to back up what the court decides in this case. Copyright © 2020 Multiply Media, LLC. 1982), cert. but for 'and' (in civil proceedings) or 'against' (in criminal ], [1] [This bracketed number tells you that the paragraph refers to the first headnote at the beginning of the opinion.] However, we feel compelled to comment on what appears to be a routine investigative procedure used in the Broward County Sheriff’s Office as revealed by the testimony in this case. 320 views Divorce - Legal dissolution of a marriage by the court. Article III, Section 2 of the United States Constitution establishes the court's jurisdiction. Irene appealed the case to the Missouri Supreme Court which combined Dred and Harriet’s cases and reversed the lower court’s decision in … See below [1] bracketed paragraph number in opinion.]. Prior to 1/1/96, many civil matters were filed as “C” cases in Champaign County. Divorce cases are handled by circuit courts. That would be even more true under the facts of this case where a female officer is searching a man. Keep the following points in mind when you read the case excerpts: Certiorari is discretionary; it does not require appellate courts to hear appeals. It is always the government at the trial stage because the government initiates all criminal cases in the United States. Technically, 7e refers to the court’s opinion, or another term, its reasoning. Thus, this decision should not be read as a stamp of approval to the search procedure employed in this case. Why don't libraries smell like bookstores? The v. is an abbreviation of the Latin versus, meaning "against." How long does it take to cook a 23 pound turkey in an oven?


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