Case Brief on- (U.S. vs Verdugo-Urquidez, U.S.,2/90) pg 128 chapter 11
-Defendant (a Mexican citizen) was charged under the United States Code for narcotics smuggling. The case was based upon evidence recovered during a warantless Drug Enforcement Administration search of his Mexico properties. Defendant argued because he was being prosecuted under United States law, he was entitled to Fourth Amendment protections. The Exclusionary Rule doesn’t apply to searches involving foreign nationals made outside of the United States (U.S. v. Verdugo-Urquidez, U.S., 2/90).
Legal research involves a search for who has legal authority to make case law. A basic understanding of legal research can assist a student in understanding both the historical development of the everyday application of criminal law in our society. Under the Doctrine of Judicial Review (Writ of Certiorari) appellate courts from both the Federal and State court systems provide a majority opinions based on the US and State Constitutions using legal due process.
Structure of a Legal Case Brief (p 366-370; Appendix A in textbook):
 Title and Citation (of the case also include the textbook page)
 Facts of the Case (Introduction)
 The Vote (Summary of the decision)
 The Legal Issue before the court (Facts or Background of the case)
 Legal Reasoning (Rule or Rationale of Judges Opinion)
 Conclusion (How was the case evaluated and if you agree/disagree)
Helpful hints;
 Title and citation interpreting case citations found on page 433 in textbook.
 Facts; what happened in the case? Previous court history?
 Vote; what was the summary of vote (lower court procedural history).
 Issue; why did the appellate court accept the case for review? What principles of law is the Higher court considering?
 Legal Reasoning or Rule; what did the appellate court decide? What rule of law was established, continued or “struck down” by the case. This is called the Holding which answers the issue question.
 Conclusion or Evaluation; was the reasoning convincing? Did the court apply the proper standard of review? Did the court properly analyze the statute or constitutional provision? Did the court put the proper amount of emphasis on equitable considerations? Was Justice served? Did the court Reversed the lower court, did it remanded the case back to the lower court, did it agree (affirmed) the lower court’s decision? What is your evaluation of what the court decision (was it bad law with good implementation or good law with bad implementation)?
Bibliography and References: California appellate reports, basic law enforcement course units guides, California evidence code, California evidence pocketbook, California peace officers legal source book, California penal code, California reports, one minute brief, rights of criminal defendants, U.S. reports