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I am writing a Constitutional Issue Report for a CJ class I'm taking. The case I am wroking on is Michigan V. Long. I need to make up a constitutional question that is at the center of my case. I know its a 4th Amend. Issue. I know it involves searchs and stop and frisks but I dont know how to "make a question out of it." Someone PLEASE help!

2007-03-10 10:53:04 · 3 answers · asked by minmae420 1 in Politics & Government Law & Ethics

3 answers

http://www.oyez.org/cases/case/?case=1980-1989/1982/1982_82_256

they have the question right on that page, along with other info. go there, it'll help and it gives you a source to cite.

2007-03-10 11:16:40 · answer #1 · answered by The Big Box 6 · 1 0

The "question" when writing a legal brief is a short statement of the legal issue.

For example, in Miranda v. Arizona, one way to phrase the question is: "Must a person be warned of their right to remain silent prior to custodial interrogation?"

For Terry v. Ohio, you could go "Is probable cause required before police can conduct a temporary stop or pat-down frisk?" Or you could ask: "What is require before police can stop and detain someone, or before they can conduct a pat-down frisk?"

A question can also reference another case, such as Rhode Island v. Innis. "Is a spontaneous statement admissible, as an exception to the Miranda requirements".

Some teachers always want you to phrase the question as a YES or NO (see the Miranda example, or the first Terry example), while others would be satisfied with the short fill-in-the-blank style (second Terry example). Either one summaries the legal issue, and allows it to be answered with a short statement.

2007-03-10 10:56:48 · answer #2 · answered by coragryph 7 · 0 0

This one?
http://www.wiu.edu/MediaCenter/detail.php?item_number=05187V

"Decisions arising from the vehicle search in the Long case extended the "Terry" rule to the suspect's automobile. (The Terry decision held that the search for a weapon without probable cause for arrest is allowable if the officer has articulable reason to believe danger exists.) That is, if the officer believes a suspect may gain control of a weapon on returning to his/her car, a protective search of the vehicle is constitutional: further, any contraband found during such a search (in this case, marijuana) is admissible as evidence. Redramatizes events of the Long case, on which the decisions are based. Supreme Decisions Series."

2007-03-10 10:57:41 · answer #3 · answered by Anonymous · 0 0

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