January 25, 2018

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/25, I distributed one handout, a template of the case brief that the class will be producing. We spent the class basically examining the three issues that the Snow Court dealt with: whether Maine public policy requires informed consent in the circumstances of this case; whether informed consent was in fact obtained; and, in any case, whether federal law preempts any contrary state law. We looked at the specific facts that the Court looked to in order to answer the questions posed. Along the way, we discussed common law and the authority to decide public policy, what sources can be looked to in order to ascertain public policy, and federal supremacy and preemption. We went over the case brief template.
The assignment for Tuesday 1/30 is to write out a case brief of the Snow case, using the template as a guide to what goes where. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Snow again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what a law firm must now do to satisfy the standard, and how little they can get away with.

POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 1/25 we made our way through parts of the Gabriel case. We went over the concept of de novo decisions by the Judge after the Magistrate's Recommended Decision, and we puzzled through exactly what had led the Magistrate to rule for the Defendant even though she had not stated that the checkpoint was unconstitutional. We went over the concept of suppression of evidence as a remedy for 4th Amendment violations. We went over the 4 claims by Gabriel in his Motion to Suppress, and how Judge Woodcock in this opinion only discussed part of the claims. We went over the justifications for the checkpoint, and whether Chief Agent Gilbert's justification could be read narrowly (just when there's a heightened threat level) or broadly (to apply basically anytime). We looked at the three Supreme Court case regarding checkpoints generally, and then at the rules for Border Patrol, both roving and fixed checkpoints. Along the way, we went over four levels of suspicion that law enforcement might have: probable cause; reasonable suspicion; a hunch; and a checkpoint with no individualized suspicion.
The assignment for Tuesday 1/30 is to write out an outline of the Gabriel case. The outline should use the existing structure of Judge Woodcock's opinion, but should add elements as needed to provided enough details to give a useful outline of the case. It should be in a question and answer format, and be in the most straightforward and simple English possible. I anticipate the outline will be in the range of 2 or 3 pages. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Gabriel again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what the Border Patrol can do as a matter of routine regarding temporary checkpoints.