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WESTLAWNEXTCriminal Procedure – D’Angelis
This is what you see when youfirst open WestlawNext!
The search box is designed like Googlefor simplicity.
24/7 assistance
Let’s take the following fact pattern:• Jay C was putting his trash out for next day pick-up, but
had mistakenly thrown out a large supply of methamphetamine in his garbage the night before. Word around town was the Jay C was a key seller of the substance, and the police had long suspected Jay C of manufacturing methamphetamine in his home.
• Late that evening, two New York State troopers, acting on a tip that Jay C had been partying and, most likely, dealing heavily the night before, searched Jay C’s trash. They found the methamphetamine and arrested Jay C for criminal possession and manufacture thereof.
Legal Issue:• Do citizens have a 4th Amendment right to privacy in their
trash left outside for pick-up in the State of New York, or do police need a search warrant?
Some courts located in New York (and in all of the United States) are
federal courts, which is why you see both Federal and State court listings
under New York. It may seem confusing at first, but it is the U.S.
court structure.
The following slide contains a very simplified version of the U.S. court structure. For further clarification, ask your professor or a librarian.
In general, you will search these courts most often.
By selecting All New York State Cases, we ensure that we are getting cases
from NY trial courts, appellate courts and most importantly, NY’s highest
court, the New York Court of
Appeals.
Here we are searching all NY cases using a natural language search: Do people have a 4th Amendment right to privacy in their trash left outside for pick-up, or do police need a
search warrant?
You can sort your results by relevance (your terms appear
most frequently in the top case and less so as you go down the list).
You can sort your results by date… but this is only a county court case. Higher court cases are preferred IF
the fact pattern resembles yours and IF they are still good law.
You can search by date, meaning most recent cases
are listed first. You can search by “most cited” meaning other
courts have referred to these case most frequently in descending order. That, however, does not mean the top cases fit your fact
pattern most closely!
Which case do I choose?• After you have identified your issue and your key search
terms and retrieved a list of cases, your challenge is then to determine which case(s) you should use.
• This is where you need to take some time. Work with a librarian, ask your professor, and balance whether the case is still good law, and whether it closely follows your fact pattern .
• This may sound overwhelming, but it can be done, with practice and help!
Note that in addition to a list of cases, WestlawNext provides secondary sources, such
as law review articles, interpreting the legal issue you have searched.
LET’S RUN THE SEARCH AGAIN, THIS TIME USING SIMPLE BOOLEAN CONNECTORS.Boolean searching, while not as easy as natural language searching, allows you to control your search results very specifically.
AND, OR, NOT…• Boolean Operators are words (AND, OR, NOT) used to
combine or exclude words in a search, producing more focused results.
• Click HERE for a simple visual explanation of this concept.
Boolean Symbols in WestlawNext
Connectors and Expanders
• & AND• /s In same sentence • Or OR• +s Preceding within sentence• /p In same paragraph• " " Phrase• +p Preceding within paragraph• % But not• /n Within n terms of• ! Root expander• +n Preceding within n terms of• * Universal character
When and how should I use these?
• When: You have a focused search in mind.
• How: Use one, two, or more in combination.
• How: Don’t get overwhelmed with trying to incorporate several connectors or
expanders. • You may actually ELIMINATE useful results
this way!
With simple Boolean searching, we retrieved 32 cases, very similar to the results we found with natural language
searching.
Now what?
Click icon to add picture
Your challenge now is to find a key case that most closely matches your fact pattern, is
reasonably current (though a pivotal case may be very old), and is still good law.
Is the case still good law?• KeyCite is Westlaw’s mechanism for determining this.
There are two ways to use KeyCite.
• While viewing a case with a KeyCite flag, click the flag (if there IS one).• No flag = no negative treatment (so far)• Yellow = CAUTION• Red = CASE HAS BEEN OVERRULED – DO NOT USE
-or-
• Type kc or keycite followed by the case citation in the search toolbar.
No flag = good law so far - Yellow flag = caution – Red flag = no longer good law (has been overruled, overturned)
Click on the flag for specific negative history.
Just because there is no flag…• … does not mean this is the best case!
• A case like Roe v. Wade – (Supreme Court of the United States January 22, 1973 - 410 U.S. 113)
• a very famous U.S. Supreme Court case in the 1970s, has a yellow flag because some courts have not agreed with certain aspects of the Court’s ruling – but this case has been cited over 22,000 times!
• If later cases have ‘cited’ to (referred to) a case thousands of times, even if there is some negative treatment, this case is still good law, and very, very important!
• Bottom line: don’t be afraid of cases with yellow flags!
Click on the flag.
OR…
Here we are keyciting Illinois v. Caballes
HEADNOTES….…explained
1. A court issues an opinion in a case.
2. A copy of the case is obtained by West, where attorney-editors read the cases and pick out the points of law or legal issues in the case.
3. These legal issues or points of law are summarized in a “headnote” and assigned a topic and key number.
Headnote 6 of Illinois v. Caballes is discussed extensively in State v.
Griffin.
LET’S DO ANOTHER EXAMPLE.Case Law Searching
Fact Pattern:• Jay C is a suspected methamphetamine manufacturer
and seller in the small town of Clear Lake. The police think Jay C keeps drugs and paraphernalia in his truck.
• While Jay C is at work, the Rensselaer County Sheriff’s Dept. walks a K9 drug dog by Jay C’s truck, without a warrant. The dog immediately detects illegal substances and Jay C is arrested for criminal possession of methamphetamine manufacturing material.
Legal Issue:• If a K9 is used to walk by an automobile the police
suspect might have drugs in it, is that a search without a warrant?
Here we are approaching the legal issue with natural
language searching.
Which case do I choose?• As with the prior example, this is the challenge, once you
have formulated your search technique. It is a balancing act between:• Is the case most like my fact pattern?• Is the case still good law?• Is there a more recent case close to my fact pattern?
LET’S RUN THE SEARCH AGAIN, THIS TIME USING SIMPLE BOOLEAN CONNECTORS.As we saw in our prior example, Boolean searching, while not as easy as natural language searching, allows you to control your search results very specifically, and can produce more effective results!
Boolean searching!
• Connectors and Expanders
Before jumping in and deciding that natural language is your best bet for retrieving search results, remember correct Boolean searching produces accurate results that you can compare to your natural language search results.
& AND/s In same sentence Or OR+s Preceding within sentence/p In same paragraph" " Phrase+p Preceding within paragraph% But not/n Within n terms of! Root expander+n Preceding within n terms of* Universal character
Concepts:• Canine or dog or K9• Auto or automobile or car or vehicle or truck• 4th Amendment or Search and Seizure or Right to Privacy• Search Warrant
• (k9 or dog or canine) & (auto! or car or vehicle or truck) & ("4th amendment" or "search and seizure" or "right to privacy") & "search warrant"
Notice we retrieved 19 more cases on
this topic with Boolean searching!
This is a perfect example of why
you should not rely solely on natural
language searching.
WEST’S KEY NUMBER SYSTEM
REFRESHER!!!WHAT ARE HEADNOTES AND WHY ARE THEY IMPORTANT???
1. A court issues an opinion in a case.
2. A copy of the case is obtained by West, where attorney-editors read the cases and pick out the points of law or legal issues in the case.
3. These legal issues or points of law are summarized in a “headnote” and assigned a topic and key number.
Corresponding Key Numbers
Click on “Tools” to access the Key Number System.
Let’s start from the Home screen to see how the Key Number
System works.
Browse the list of topics to find the topicrelated to your issue.
Click on the topic, e.g., searches andseizures, to display the topic page, which
contains the key numbers (subtopics) classified under that topic.
At the topic page, you can zero in on key
numbers that match your issue.
1.
2. (Select jurisdiction)
By selecting the general topic searches and seizures (topic #349), and then within that topic selecting the key number(s) associated with
your specific legal issue(s), you are able to easily search for cases that discuss these legal issues.
STILL A LITTLE UNEASY?Don’t be. Click here for more info.
DOCUMENT DELIVERYPrinting, emailing, downloading…
You can email,print,
download or send the
document to your Kindle.
You can email yourself a case on Westlaw in Microsoft Word, PDF, RTF or Word Perfect
format.
Email, print and download delivery methods give you the option of
including West headnotes, written by Westlaw attorneys summarizing the
key points of law in a case.
You will be prompted to open or save a PDF of your document
before you print. You can also
right-click on your mouse to print.
Pay attention to whether you want to print the entire
document or just certain pages!
You can download a case on Westlaw in
Microsoft Word, PDF, RTF or Word Perfect
format.
Be sure to check formatting
requirements before sending to your Kindle.
AMERICAN LAW REPORTS“ALR” = a legal encyclopedia!
American Law Reports• American Law Reports (ALR) delivers an objective, in-
depth analysis of your specific legal issue, together with a complete list of every case – in every jurisdiction – that discusses it.
• With thousands of attorney-authored articles covering the entire breadth of U.S. law, ALR saves you time by taking you deeper on a topic, faster. • Use ALR to:• Quickly get up to speed in an unfamiliar area of law.• Locate all relevant case law in one easy step.• Determine which cases are controlling and understand why.
Searching for “Illinois v. Caballes” within these
1,773 results
Illinois v. Caballes is highlighted in purple.
Introductory paragraph in ALR
YOU CAN DO IT!Ask for help. How?