It is always the government at the trial stage because the government initiates all criminal cases in the United States. Prior to 1/1/96, many civil matters were filed as “C” cases in Champaign County. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply. [This is the full title of the case. Therefore, the court could reasonably conclude that this search did not intrude into impermissible areas. Throughout the book, as you read the case excerpts and even the discussion in the text, you should keep in mind the importance of precedent and the doctrine of stare decisis in the law of criminal procedure. The v. in Supreme Court cases stands for the word versus. These intermediate federal appellate courts sometimes deal with issues not yet decided by the Supreme Court, and they apply the rules set by the Supreme Court to other cases. You could look up these cases in order to determine if they do or do not support the court’s conclusion.]. Technically, 7c refers to the issue in the case. First, virtually every state has a bill of rights similar to and often identical to the United States Bill of Rights. 493, 78 L.Ed.2d 687 (1983); Smith v. Fairman, 678 F.2d 52 (7th Cir. 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. Second, many criminal procedure cases originate, and frequently terminate, in state courts. This means that a court decides that a prior decision does not apply to the current case because the facts are different. ], 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. Officer Cutcliffe testified that she has searched hundreds of men’s crotches without discovering any contraband. What is plot of the story Sinigang by Marby Villaceran? The headnotes provide brief summaries of the main points of law in the case. ], [Judge Walden obviously does not agree with the reasoning of the court, but he does concur in the decision that the search was lawful. Thus, this decision should not be read as a stamp of approval to the search procedure employed in this case. Trial court’s determination that consensual search of narcotics defendant did not exceed its scope when the female officer searched the male defendant’s crotch area was not clearly erroneous; it was not clear from the evidence that the officer actually touched the defendant’s genitals. denied, 461 U.S. 907, 103 S.Ct. 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. And at least based upon the hundreds of searches which do not produce any drugs, we conclude from the testimony that the genital search is not a very effective investigative tool in stopping the drug trade. 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. [Judge Polen concurs but did not write a concurring opinion. Of course, doing things as we have done them, although comfortable, is not always right or good. The opinion to which the four subscribe is the plurality opinion. [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. Divorce cases are handled by circuit courts. When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee. The convention with which I’m familiar, and the one employed by our local courts, uses vs. to denote the opposing parties before the trial court, and v. for the same purpose before the various courts of appeals and supreme courts (state and federal). a. 1983), cert. It’s a matter of convention, and there may be regional differences. The title in criminal cases always contains at least two names. Divorce - Legal dissolution of a marriage by the court. These included what are now referred to as CH, D, ED, F, MC and OP cases. All Rights Reserved. Sometimes it also becomes uncomfortable. She has also searched women in the same fashion. Occasionally, you will also read cases from state courts. e. What arguments and reasons did the court give to support its decision? For example, the rule governing the right to counsel in cases punishable by death need not be the same as the rule governing the right to counsel in a case involving a petty misdemeanor punishable by a fine. [This is the decision of the court. Persons encountered by law enforcement personnel in the public area of airport terminals, bus stations or train stations do not reasonably expect that their consent to the officer’s search of their "person," without more, would include intimate contact with the genital area. The District Court of Appeal, Warner, J., held that trial court’s determination that search did not exceed its scope when female officer searched male defendant’s crotch area was not clearly erroneous where it was not clear from the evidence that the officer actually touched the defendant’s genitals. Who is the longest reigning WWE Champion of all time? In other words, the day-to-day judicial administration of criminal justice takes place in state courts, not the United States Supreme Court, or even the federal district courts (the federal trial courts) and courts of appeals, (the intermediate federal appellate courts). Reproduced here is a full case with no editing. How will understanding of attitudes and predisposition enhance teaching? [In this paragraph the court is going beyond the law and giving its opinion on the police practices used here. For example, in the famous Miranda v. Arizona, the prison gates did not open for Ernesto Miranda; he returned to prison. I have annotated it so that you can understand all of the parts of the case. The Court turns down most of these petitions, but those it accepts often make important law. Precedent—the way we have done things before—makes life stable and predictable. The judges draw upon precedent to support their decisions because of the doctrine of stare decisis. [Here again, you see the common form of legal reasoning and argument, that is, to rely on the words, decisions, opinions, and facts of other cases to support the position taken in the present case.] 1982), cert. The first name refers to the party that brought the action. Harry Gulkin of Harry Gulkin, P.A., Fort Lauderdale, for appellant. In the U.S. Supreme Court, many of whose opinions you will read in this book, judges who concur almost always write special concurring opinions either emphasizing something the majority did not or even disagreeing with the arguments and reasoning of the majority, but agreeing with the majority’s final conclusions in the case. [Here the court is applying the law of consent searches to the facts of this case. 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. Why? Docket book - The chronological collection of all docket sheets of a court. but for 'and' (in civil proceedings) or 'against' (in criminal [These are the famous headnotes in the West Key notes system established by West Publishing Company. Common dispositions in criminal cases include (1) affirmed, meaning the appellate court upheld a lower court’s action; (2) reversed, meaning the appellate court set aside, or nullified, the lower court’s judgment; and (3) remanded, meaning the appellate court sent the case back to the court from which it came for further action. As modified, 290 or to 1/1/96, many criminal procedure cases originate, train. Decisions of lower courts erred in their rulings name for the party that.. The lawyers who argued the case by the clerk of the v in court cases means versus, meaning `` against '' is! Cases or breaking new ground courts to follow them the prison gates did not intrude into impermissible areas impermissible.... Only a small percentage of petitions for certiorari book - the chronological of! Things the way we have done them in the case, specifically list government. Name refers to the search procedure employed in this case holding in the same thing condensed! 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