Law
Saint Leo University Berkemer v McCarty Criminal Procedure Casebrief Paper

Question Description

I’m working on a Law question and need guidance to help me study.

Write a Casebrief on the following case below:

Berkemer v. McCarty 468 U.S. 420 (1984)

Follow the format below and label each part:

Parties:

Facts:

Prior Proceedings:

Issued Presented or Question of Law:

Arguments of Objectives of the Parties:

Holding/Rule of Law:

Saint Leo Core Value of Integrity Displayed:

Rationale:

Conclusion:

Add References

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Final Answer

Completed.

Running head: CRIMINAL PROCEDURE CASE BRIEF

Criminal Procedure Case Brief
Student’s name

Institutional Affiliation

1

2

CRIMINAL PROCEDURE CASE BRIEF
Parties

Respondent: Richard N. McCarty

Petitioner: Harry J. Berkemer, Ohio State Highway Patrol, and the Sherriff of Franklin
County

Facts

On March 31, 1980, Ohio State Highway Patrol Trooper C.J. Williams watched Richard
McCarty's vehicle weaving forward and backward on Interstate Highway 270. He pursued the
car, pulled McCarty over, and requested that he leave the car. Williams saw that McCarty
experienced difficulty standing, and in this manner confirmed that he would accuse McCarty of a
traffic offense and that McCarty was never again allowed to leave the scene. McCarty fizzled an
adjusting test (Godsey, 1994).

Williams at that point asked McCarty whether he had been utilizing intoxicants, and
McCarty reacted that he had devoured two lagers and smoked a few joints of weed a brief span
previously. Williams put McCarty collared. At the district jail, in any case, a breathalyzer test did
not recognize any liquor...

EagleEye1 (26153)
University of Virginia

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