What is a search and seizure memorandum?

Question

I am supposed to write one for my Criminal Procedures and Evidence course but the Professor has not clearly defined what it is and everytime we ask questions, we get a repeat of the same info we all already have. This is the worst professor I have ever had but I need to get an A.

Answer 1

Well, a memorandum is a document, (often assigned in law courses) which outlines the status of the law on a particular topic. In this case, it appears that your professor has asked you to write one concerning search and seizure. Now.. that's a difficult subject, because that is an incredibly broad topic. Did he give you a specific fact pattern? If so, then your basic format should be this:

1) State the fact pattern. Don't embellish or use arguments here.
2) After stating the fact pattern, you will establish the cases which discuss this topic, that are on topic. For instance, if the fact pattern is one involving a controverted seizure, for instance, after an invalid arrest or an invalid warrant, then you would discuss the cases on this topic. Always cite the cases according to the rules of style.
3) You can then review and come to a conclusion based on the cases, to summarize your opinion of what the law is on the topic.

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