Key facts Assignment Example | Topics and Well Written Essays - 500 words

Key facts - Assignment Example The second step is to determine the key elements of the cause of action that is raised by the facts of case. The third step is to outline all the facts of the case that are important to the elements of action raised in the second step. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law. There are three steps used in indentifying the facts in a court opinion. The first step involves reading the entire case having in mind what was decided in regards to what facts of the case were. The second step is to read and analyze the holding of the case. This helps to understand how the court answered the legal questions raised on the facts of the case. The last step is analyzing the key facts used to make the holding of the case (Albright & Putman, 2013). Police in Burbank initiated surveillance on Leon after receiving confidential information that they were selling cocaine and investigation earlier showed that he stored a stash of methaqualone in his house. After a search Leon was indicted by a grand jury in California and charged with drug trafficking. The court granted a motion to suppress evidence arguing it was defective due to the warrant and lack of probable cause. On Appeal, the government argued that the police acted on good faith when using the defective warrant. The court of appeal affirmed trial court decision and declined the government argument of good faith. Reasoning: The exclusionary rule was a judicial act not a constitutional right that safeguards the Fourth Amendment. It deters police from misconduct and abuse. However, a police who acts with a defective warrant in good faith cannot be held for misconduct. There lacks basis when evidence is suppressed when they relied in good faith using a defective search