Warrants and Exceptions
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Criminal Law and Procedure / Warrants and Exceptions
MBE Warrants and Exceptions Criminal Law and Procedure Criminal Law and Procedure / Warrants and Exceptions Criminal Law and Procedure Warrants and Exceptions Criminal Law and Procedure / Warrants and Exceptions
Criminal Law and Procedure / Warrants and Exceptions
Delaware Essays Warrants and Exceptions Criminal Law and Procedure Criminal Law and Procedure / Warrants and Exceptions Criminal Law and Procedure Warrants and Exceptions Criminal Law and Procedure / Warrants and Excepti...
Officers arrest a driver on an outstanding warrant for driving on a suspended license, handcuff him, and lock him in...
Officers arrest a driver on an outstanding warrant for driving on a suspended license, handcuff him, and lock him in the patrol car. They then search his car's passenger compartment for narcotics without any other facts...
Citations: Arizona v. Gant, Chimel v. California, Riley v. California
During a lawful stop, officers smell raw marijuana and see a digital scale on the passenger seat. A trained dog alert...
During a lawful stop, officers smell raw marijuana and see a digital scale on the passenger seat. A trained dog alerts at the trunk. Officers open the trunk and find a closed suitcase large enough to hold marijuana. Whic...
Citations: United States v. Ross, California v. Acevedo, Carroll v. United States
During a lawful traffic stop, Newark officers learn that driver Nina has an outstanding arrest warrant for identity t...
...wful traffic stop, Newark officers learn that driver Nina has an outstanding arrest warrant for identity theft. They arrest her, handcuff her, and place her in the patrol car. Before towing the car, an officer searches N...
Citations: Chimel v. California, Arizona v. Gant, Riley v. California, Carroll v. United States, United States v. Ross, California v. Acevedo, Colorado v. Bertine, Florida v. Wells
Officers investigating credit-card fraud go to a Wilmington apartment shared by Ana and Ben. Ana answers the door and...
...tigating credit-card fraud go to a Wilmington apartment shared by Ana and Ben. Ana answers the door and says, "You can look anywhere we both use." Ben stands behind her and says, "No search. Get a warrant." Officers arre...
Citations: Schneckloth v. Bustamonte, United States v. Matlock, Illinois v. Rodriguez, Georgia v. Randolph, Fernandez v. California, Stoner v. California
Omar is on Delaware probation with written conditions requiring him to submit to residence and property searches cond...
...robation with written conditions requiring him to submit to residence and property searches conducted under probation procedures. Officers know of the condition and go to the apartment Omar shares with his sister Priya a...
Citations: 11 Del. C. § 4321(d), United States v. Knights, Horton v. California, Caniglia v. Strom, City of Los Angeles v. Patel, New York v. Burger
A warrant authorizes a search of "the upstairs apartment at 123 Main Street." Officers reasonably believe there is on...
...floor has two separately locked apartments, one rented by the suspect and one by a neighbor. Which statement best describes the particularity issue? This question tests particularity and reasonable mistakes in identifyin...
Citations: Maryland v. Garrison, 11 Del. C. §§ 2306, 2310
Dover officers respond to a neighbor's 911 call reporting screams from Lena's townhouse. Through a front window, an o...
...front window, an officer sees Lena on the floor with blood on her arm and sees Milo, her boyfriend, run toward the hallway. Officers enter without a warrant, handcuff Milo in the hall, and call paramedics for Lena. While...
Citations: Payton v. New York, Brigham City v. Stuart, Kentucky v. King, Welsh v. Wisconsin, Mincey v. Arizona, Maryland v. Buie
A warrant affidavit says an informant bought fentanyl from Luis yesterday. It omits that the informant was paid, had...
...ay. It omits that the informant was paid, had pending felony charges, and had twice given false information to the same officer. Without the informant's statement, the affidavit contains only Luis's address and criminal...
Citations: Franks v. Delaware
Officers lawfully execute a warrant to search a studio apartment for a stolen laptop. On a desk large enough to hold...
Officers lawfully execute a warrant to search a studio apartment for a stolen laptop. On a desk large enough to hold the laptop, an officer sees a clear bag of fentanyl next to a digital scale. Which rule governs seiz...
Citations: Horton v. California
A county caseworker asks police to check on Marta because she missed one meeting. Officers have no report of violence...
...l distress. No one answers at Marta's apartment, so officers ask the landlord to unlock the door and enter to "make sure everything is okay." Inside, they find contraband. Which statement best describes the claimed commu...
Citations: Caniglia v. Strom, Payton v. New York, Stoner v. California, Del. Const. art. I, Section 6
A Delaware magistrate signs a search warrant for a dwelling house on June 1. The warrant contains no express nighttim...
A Delaware magistrate signs a search warrant for a dwelling house on June 1. The warrant contains no express nighttime-search authorization. Officers execute it at 2:30 a.m. because that is when the investigative team...
Citations: 11 Del. C. § 2308
A Delaware officer seeks a search warrant after an anonymous caller says that Tara will receive stolen cameras at her...
...t a delivery van from the named seller is scheduled to arrive Friday, and that Tara previously advertised identical cameras for resale. Which statement best describes the probable-cause analysis? This question tests prob...
Citations: Illinois v. Gates, 11 Del. C. §§ 2306, 2310
After arresting a driver, officers impound his legally parked car even though a licensed passenger offers to drive it...
...er opens a locked briefcase, saying, "Maybe the evidence is in here," and finds stolen checks. Which statement is most accurate? This question tests inventory-search requirements and limits. South Dakota v. Opperman, Col...
Citations: South Dakota v. Opperman, Colorado v. Bertine, Florida v. Wells
Officers know that Devon is on Delaware probation with a residential search condition administered under probation pr...
...artment with his spouse. Officers search a shared living-room cabinet and then open a locked briefcase in the spouse's home office labeled with the spouse's name. Which statement best describes the search-condition issue...
Citations: 11 Del. C. § 4321(d), United States v. Knights
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...analysis? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...analysis? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...analysis? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...accurate? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...ach 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 credible counterargument, and a concrete...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...y to rule? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...
The parties dispute the legal effect of a contested transaction. Officers entered a private area without a warrant af...
...ly result? Correct. The answer should identify the governing rule for Warrants and Exceptions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the str...