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Absolute No Standing Overclaim For Guests

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

  • 17168_farmhouse-retreat · CRIMINAL · Choice AYes, but only because she owned the narcotics.

    Why it's attractive

    Says 'yes' (correct outcome) but grounds standing 'only' in narcotics ownership — the wrong element. Standing flows from privacy interest in the host's space and personal bag, not from ownership of what was found inside. wrong_element: the call asks for the basis of standing, and narcotics ownership is not it.

    Why it's wrong

    Says 'yes' (correct outcome) but grounds standing 'only' in narcotics ownership — the wrong element. Standing flows from privacy interest in the host's space and personal bag, not from ownership of what was found inside. wrong_element: the call asks for the basis of standing, and narcotics ownership is not it.

  • 17168_farmhouse-retreat · CRIMINAL · Choice BNo, because guests never have standing to challenge searches of another person's home.

    Why it's attractive

    'Never' is an absolute overclaim. Overnight guests are a recognized category with Fourth Amendment standing in the host's home. The absolute denial is too broad. Gold Key GK-CRIMINAL-4A-OVERNIGHT-01 defeats it.

    Why it's wrong

    'Never' is an absolute overclaim. Overnight guests are a recognized category with Fourth Amendment standing in the host's home. The absolute denial is too broad. Gold Key GK-CRIMINAL-4A-OVERNIGHT-01 defeats it.

  • 17168_farmhouse-retreat · CRIMINAL · Choice DNo, because she did not own or rent the farmhouse.

    Why it's attractive

    Conditions Fourth Amendment standing on property ownership or tenancy. The test is Katz reasonable-expectation-of-privacy, not property law. Gold Key GK-CRIMINAL-4A-OVERNIGHT-01 kills this premise directly.

    Why it's wrong

    Conditions Fourth Amendment standing on property ownership or tenancy. The test is Katz reasonable-expectation-of-privacy, not property law. Gold Key GK-CRIMINAL-4A-OVERNIGHT-01 kills this premise directly.

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Practice questions using this trap →
Absolute No Standing Overclaim For Guests — Trap Taxonomy | BarMatrix