A warrant affidavit says only, "A reliable source says stolen phones are probably in the house," with no facts about the source, timing, basis of knowledge, or corroboration. A magistrate signs the warrant, and office...
Citations: United States v. Leon, Herring v. United States, Cal. Const. art. I, sec. 28(f)(2)
...the access cards as fruit of the unlawful stop. How should the court rule? This essay tests attenuation after an unlawful stop and a discovered warrant. Brown v. Illinois, Utah v. Strieff, Wong Sun v. United States
Citations: Brown v. Illinois, Utah v. Strieff, Wong Sun v. United States
A detective applies for a warrant to seize computers from Sol's repair shop. The affidavit says an anonymous caller reported seeing stolen laptops there "about six months ago," and that Sol currently advertises same-d...
Citations: United States v. Leon, Herring v. United States, Davis v. United States, Cal. Const. art. I, sec. 28(f)(2)
...cribes the exclusionary-rule issue? This question tests limits on the exclusionary rule outside the prosecution's trial case-in-chief. United States v. Calandra
Citations: United States v. Calandra
A judge suppresses a rare coin because officers seized it in violation of the Fourth Amendment. At trial, the prosecution does not mention the coin in its case-in-chief. The defendant then testifies, "I have never pos...
Citations: Walder v. United States, United States v. Havens
After a collision, police lawfully tow Priya's disabled van from the highway shoulder. Department policy requires officers to inventory all towed vehicles and to open unlocked containers, but it requires a supervisor'...
Citations: Nix v. Williams, South Dakota v. Opperman, Colorado v. Bertine
After an unlawful entry, officers learn the name of a storage facility. They later obtain facility records and find stolen tablets. The prosecution concedes that the entry was unlawful but argues that the records and...
Citations: Wong Sun v. United States, Nix v. Williams, Murray v. United States
An officer unlawfully opens an unlocked backpack in an impounded car and finds forged checks. The department has a written inventory policy requiring officers to open all unlocked bags in impounded cars, and the inven...
Citations: Nix v. Williams, Colorado v. Bertine
An officer unlawfully stops Kai, checks his identification, and discovers a valid warrant that existed before the stop. The officer arrests Kai on the warrant and finds counterfeit credit cards during a search inciden...
Citations: Brown v. Illinois, Utah v. Strieff
Delaware officers have a valid warrant to seize stolen tablets from Mei's apartment. They execute the warrant without knocking or announcing, even though no emergency exists. Inside, they find the tablets listed in th...
Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W., Hudson v. Michigan, United States v. Havens, Walder v. United States
Delaware officers suspect Lena of using a warehouse to store stolen electronics. Without a warrant, officers enter her apartment while she is at work. In the living room, they see a delivery receipt listing a warehous...
Citations: Rakas v. Illinois, Wong Sun v. United States, Murray v. United States, Cal. Const. art. I, sec. 28(f)(2)
...ause the search would have violated a broader Delaware constitutional rule that is not required by federal law and is not tied to a statutory exclusion. Which statement is most accurate? This question tests Delaware's Tr...
Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W.
...ounce. What is the likely suppression result? This question tests the exclusionary remedy for knock-and-announce violations. Hudson v. Michigan, Cal. Const. art. I, sec. 28(f)(2)
Citations: Hudson v. Michigan, Cal. Const. art. I, sec. 28(f)(2)
Officers illegally enter a warehouse and see stolen tools. They then obtain a warrant. The affidavit includes several witness statements collected before the entry and also mentions the tools seen during the illegal e...
Citations: Murray v. United States, Segura v. United States
...ility to seek suppression? This question tests standing to invoke the exclusionary rule. Rakas v. Illinois, Rawlings v. Kentucky
Citations: Rakas v. Illinois, Rawlings v. Kentucky
...pports relief while another triggers a limitation under the governing rule. One fact supports relief and another undercuts it, so the result turns on which fact the governing rule makes controlling. One side seeks a lega...
...analysis? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...analysis? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...analysis? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...accurate? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...Discuss the strongest arguments for each side, state the controlling rule, apply it to the material facts, and explain the likely remedy or consequence. This revised item asks for element-by-element legal analysis, a cr...
...y to rule? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...ly result? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
...analysis? Correct. The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
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