Question
Please help with the 3 questions below regarding this case: its okay if you skip a question you don't understand thank you I really need
Please help with the 3 questions below regarding this case: its okay if you skip a question you don't understand thank you I really need help on this assignment.
Comprehension Brief of court opinion
Appellate Brief Scenario:
Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle identification numbers.Hall runs a small salvage yard on a 3.5 acre piece of property surrounded by several fences, tall trees, dense scrub bushes, andposted No Trespassing signs.The property contains 2 structures:a small one-room cabin, in which Hall resides, and a separate structure, approximately 30 feet high, with sliding barn doors on all four sides, no windows, and no roof.
Early on the day of Hall's arrest, state and local authorities conducted a drone-surveillance sweep after an anonymous tip line received several calls reporting the operation of multiple automotive chop shops in a rural location within your state of residence.Captured video of the larger structure, obtained by the drone's camera from approximately 100 feet in the air and simultaneously transmitted to police officers on the ground, revealed the presence of multiple dismantled vehicles, a pile of license plates, various automotive parts and tools, including grinders, cutting saws, hoists and welding rigs.Hall was taken into police custody at approximately 5:00 a.m. that morning, and was subsequently charged based on that footage.
At trial, several residents claimed that the presence of the drones in the early morning hours resulted in unnecessary panic, which quickly swept the small community, and resulted in multiple calls to local police dispatch, some minor property damage, and at least one assault.Sally Jones, who lives adjacent to Ms. Hall, testifiedthat, "Conner Peterson and those damned drones caused enough drama and paranoia to end a 25-year friendship in a fistfight."Conner Peterson, a survivalist/prepper and avid short-wave radio enthusiast, stated for the record that, on the morning of Hall's arrest, he was up late monitoring radio transmissions between members of a known local anti-government group who were discussing plans for "something big" involving the use of personal drones.Mr. Peterson stated that he heard an unusual buzzing noise coming from the west side of his property as he stood outside with his dog at approximately 4:00 a.m.When he spotted a drone hovering between his house and his garage, he immediately began calling to warn his neighbors that something was up, and to remain vigilant.
The trial court considered all testimony, exhibits, and arguments and found your client guilty.
note about this case:
the issue of this is whether aerial surveillance is an unlawful search or whether a search without a warrant is unlawful.
1.Who are the legal theories of the parties at each level of the litigation? By theory we mean the rule on which are party is relying as a legal basis in the suit
ex: defendant has violated a statutory rule (e.g) the plaintiff sues the state for violating 235 of the statutory code on who is entitled a license
ex: the defendant has violated a common law rule (e.g) the plaintiff sues the defendant for committing negligence in an automobile collision.
2.What is the defendants legal theory in response to the suit of the plantiff( if the theory rule is not stated so the best to figure out what it is)
ex: A denial that the defendant violated the rule asserted by the plaintiff.
ex: a claim that another rule justified what the plaintiff did.
ex: An assertion that it was the plaintiff who violated a rule.
3.Briefly state what these theories have been at each stage in the litigation to date.
1.If an administrative agency has acted on the case, state the specific legal theories by the agency, ex failure to comply with an administrative regulation and by other party (e.g) it did comply or the regulation is invalid because it violates another rule)
2.At the trial level of the civil case name the cause of action eg - negligence, breach of contract, violation of statue 65) and the main defenses (e.g general denial or failure of plaintiff to prove unreasonable care)
3.At the trial level of a criminal case state what the prosecution was for (e.g murder) and the response of the defendant (e.g) self defense)
4.On appeal briefly state the main legal theory of each party (e.g) the trial judge applied the wrong law)
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