The Grocer’s Problem: Introduction to Legal Method Professor Charles R. Calleros

1. The Grocer’s Problem: Introduction to Legal Method Professor Charles R. Calleros Sandra Day O’Connor College of Law Arizona State University Presentation taken from Calleros, Law School Exams: Preparing and Writing to Win (Aspen 2007)

2. Lawmaking within Branches of Government Constitution (establishing three branches of government) / | \ Executive Branch Legislative Branch Judicial Branch | | | Enforces Laws Enacts Statutes Issues Case Law & Issues Agency Rules & Regs. / \ Interpreting Developing Statutes Common Law

3. Caselaw builds the law case by case, like building a wall brick by brick

4. But, the meaning of each “brick” of caselaw may be uncertain or ambiguous

5. Until Decided, Some Legal Questions Have no Certain Answers

6. Attorneys Can Argue that PrecedentProvides an Answer to a New Dispute

7. And the Judge Must Give an Answer, but either of two conclusions might be reasonable.

8. Exercise: The Grocer’s Problem Imagine that you work for Pat, who owns a small grocery store in the middle of the city, with a sidewalk running along its front.

9. Statutory Text Pat, the owner, does not work at the store but has posted a general rule in the store office: When fresh fruits or vegetables arrive, place them in the window display case if they would tend to attract “impulse shoppers” into the store (people who were not already planning to shop here). Otherwise, place the fruits or vegetables in the interior of the store. This way, we can increase the number of customers who enter our store, who make purchases, and who may become regular customers. This is sort of like a statute, created by Pat acting as the legislature.

10. Two Applications of Pat’s Rule When the store manager, Kim, received a crate of washed, shiny, red apples, he placed them in the window display case. When a crate of unwashed carrots arrived, Kim placed them in the interior of the store.

11. New Case: Red Bell Peppers Kim is away for the afternoon, and a crate of these shiny, washed red bell peppers arrives. Where should you put them?

12. Are the bell peppers more like the carrots or the apples? In what way?

13. Text of Fourth Amendment to U.S. Constitution U.S. Constitution, Bill of Rights . . . . Amendment IV [1791]: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.

14. S. Ct. Precedent interpreting 4th Amendment’s Warrant Requirement • Carroll v. United States (U.S. 1925) – Government law enforcement officers could search an automobile if the agents had reason to believe that the car was being used to transport liquor illegally. The Fourth Amendment did not require the officers to first request and obtain a search warrant from a judge, because the car could be driven away while the officers tried to persuade a judge to sign a search warrant. 2. Agnello v. United States (U.S. 1925) – Law enforcement officers could not enter and search an apartment simply because they had reason to believe that evidence of illegal activity could be found inside the house. A house is the place where a person most expects to enjoy privacy and protection from intrusion. The Fourth Amendment required the officers to apply to a judge for a search warrant before entering and searching the house.

15. Do Police Need a Warrant to Search a Motor Home?

16. California v. Carney: Should court exclude evidence from warrantless search? Precedent (1925): Carroll v. U.S. Agnello v. U.S. No warrant required Warrant required to search automobile to search house New Case: California v. Carney (1985) Officers conducted warrantless search of motor home parked in supermarket parking lot. Defendant was living in it, and it was fully mobile.

17. Developing Common Law Analogy: Rules for Lina Parent gradually develops rules for her teen-age daughter, in small increments, by reacting to her daughter’s social activities on four occasions (four “cases”). {Run Video}