...stop. Dana argues that the stop and continued detention violated the Fourth Amendment. The prosecution argues that the traffic violation made everything lawful and that Dana, as a passenger, was not seized. Discuss the...
Citations: Whren v. United States, Brendlin v. Delaware, Rodriguez v. United States
...tic converters lying in tall grass. Analyze which police actions were Fourth Amendment searches. This essay tests the search threshold, curtilage, open fields, public vantage points, and physical manipulation of effects...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, United States v. Jones, Florida v. Jardines, United States v. Dunn, Oliver v. United States, Arizona v. Hicks, Bond v. United States
A witness in a Delaware grand jury proceeding is ordered to answer questions about her role in a suspected invoice scheme. She invokes the privilege against self-incrimination. Which statement best describes the privileg...
Citations: U.S. Const. amend. V, Evidence Code Section 940, Schmerber v. Delaware
...s, and the prosecutor concedes that seizure of the watch violated the Fourth Amendment. Mei moves to suppress the tablets because of the knock-and-announce violation, arguing that Delaware should exclude them under state...
Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W., Hudson v. Michigan, United States v. Havens, Walder v. United States
...the phone data, and the warehouse evidence. Analyze. This essay tests Fourth Amendment standing, fruit of the poisonous tree, and independent source. Rakas v. Illinois, Won...
Citations: Rakas v. Illinois, Wong Sun v. United States, Murray v. United States, Cal. Const. art. I, sec. 28(f)(2)
...uestion tests the custody threshold for Miranda. Berkemer v. McCarty, Delaware v. Beheler
Citations: Berkemer v. McCarty, Delaware v. Beheler
...along the door seam. The dog alerts again. Analyze which actions were Fourth Amendment searches. This essay tests dog-sniff doctrine, tactile manipulation of luggage, and the difference between public-place luggage and h...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, United States v. Place, Bond v. United States, Florida v. Jardines, Illinois v. Caballes
...helicopter observation. Analyze whether each investigative step was a Fourth Amendment search. This essay tests home surveillance, Kyllo thermal-imaging doctrine, Jardines porch dog-sniff doctrine, and lawful aerial obse...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, Kyllo v. United States, Florida v. Jardines, Delaware v. Ciraolo, Florida v. Riley
...property, use magnification, or touch anything. Was the observation a Fourth Amendment search? This question tests public-view observation and reasonable expectation of privacy. Katz v. United States, Delaware v. Ciraolo
Citations: Katz v. United States, Delaware v. Ciraolo
...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 possessed any...
Citations: Walder v. United States, United States v. Havens
A state supreme court suppresses evidence after discussing federal Fourth Amendment cases and a similar state constitutional provision. The opinion says the search was invalid "under our state and federal search principl...
Citations: Michigan v. Long
...rrogation clearly says, "I want an attorney before answering any more questions." Officers stop, but they want to question the suspect again later. Which statement best describes the Miranda rule? This question tests the...
Citations: Edwards v. Arizona, Minnick v. Mississippi, Maryland v. Shatzer
After waiving Miranda rights, a suspect answers several questions and then says, "I do not want to talk about this anymore." The detective wants to ask more questions later. What must the detective do before any later qu...
Citations: Michigan v. Mosley, Berghuis v. Thompkins
Congress invokes Fourteenth Amendment Section 5 to create damages remedies for practices it calls unequal. The statute applies to state agencies and private businesses, and Congress says the statute defines the scope of...
Citations: https://supreme.justia.com/cases/federal/us/521/507/
...The detective continues anyway, and Devan confesses. Before trial in Delaware court, Devan moves to exclude all station-house statements made after he arrived. Analyze the...
Citations: Miranda v. Arizona, Rhode Island v. Innis, Davis v. United States, Edwards v. Arizona
Priya rents an apartment in a four-unit building. Angry at the landlord, she drags her own old couch onto the apartment's tile floor, pours lighter fluid on it, and lights it to "send a message." She opens a window and b...
Citations: 11 Del. C. §§ 801-803, 11 Del. C. § 804, 11 Del. C. §§ 811-812, CALCRIM Nos. 1500, 1515, 2900
A city sues contractor Leo in Delaware superior court for overbilling on a public project. The district attorney has also announced a criminal investigation into the same invoices. At Leo's civil deposition, the city's l...
Citations: Evidence Code Section 940, Evidence Code Section 913, Hoffman v. United States
...aya's and Devin's ability to challenge the searches. This essay tests Fourth Amendment standing and reasonable expectations of privacy in another person's home, personal effects, and trash. U.S. Const. amend. IV, Cal. Co...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Delaware v. Greenwood, Rawlings v. Kentucky
...to the public. The candidate sues Harbor Village under the First and Fourteenth Amendments. Harbor Village argues that it is a private nonprofit and that operating a community center and security patrol are ordinary pri...
Citations: https://supreme.justia.com/cases/federal/us/326/501/, https://supreme.justia.com/cases/federal/us/345/461/, https://supreme.justia.com/cases/federal/us/419/345/, https://supreme.justia.com/cases/federal/us/457/830/
A patient sued a Delaware hospital after a medication error. The patient noticed the hospital's Rule 30(b)(6) deposition and listed topics including medication-administration policies in the surgical unit, training on ba...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
...erty damage. The complaint attached the lease, alleged nonpayment for four months, and alleged that forklifts damaged a loading dock. The tenant answered by stating, "Defendant denies all allegations and reserves all def...
Citations: Fed. R. Civ. P. 8
...whether the officer's and detectives' actions were searches under the Fourth Amendment and how Delaware electronic-privacy law separately affects access to the electronic information. This essay tests cell-phone searches...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, Riley v. Delaware, Carpenter v. United States, Penal Code Section 1546, Penal Code Section 1546.1
...ion tests whether reviewing cell-phone contents is a search. Riley v. Delaware, Penal Code Section 1546.1
Citations: Riley v. Delaware, Penal Code Section 1546.1
Nora owns a sole-proprietor repair shop. A Delaware grand jury investigating insurance fraud subpoenas Nora to appear and answer questions. The subpoena also orders her to produce "all customer ledgers, cash receipts, an...
Citations: U.S. Const. amend. V, Cal. Const. art. I, sec. 15, Evidence Code Section 940, Fisher v. United States, United States v. Hubbell
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