Abandonment Doctrine
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
19361_threshing-floor · CRIMINAL · Choice ASuppress the evidence, because an arrest warrant is required before police may inspect anyone's trash
Why it's attractive
No arrest-warrant requirement for trash. Issue is reasonable expectation of privacy.
Why it's wrong
No arrest-warrant requirement for trash. Issue is reasonable expectation of privacy.
19361_threshing-floor · CRIMINAL · Choice BAdmit the evidence, but only if the sanitation collector first gave police consent to search the bags
Why it's attractive
Consent is a real 4A doctrine but the wrong one here. Analysis turns on abandonment, not consent.
Why it's wrong
Consent is a real 4A doctrine but the wrong one here. Analysis turns on abandonment, not consent.
19361_threshing-floor · CRIMINAL · Choice CSuppress the evidence, because opaque bags preserve a reasonable expectation of privacy even when placed at the curb
Why it's attractive
Greenwood explicitly rejected opacity as preserving privacy at the curb.
Why it's wrong
Greenwood explicitly rejected opacity as preserving privacy at the curb.
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