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Absolute Qualifier Overclaim

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

  • 19324_timothys_food_truck · CRIMINAL · Choice Bthe interior of a vehicle is always within the immediate control of an arrestee, so police may always search it incident to arrest.

    Why it's attractive

    "Always" is an absolute — no rule says police can *always* search a vehicle incident to arrest

    Why it's wrong

    "Always" is an absolute — no rule says police can *always* search a vehicle incident to arrest

  • 19324_timothys_food_truck · CRIMINAL · Choice Cthe search of the food truck was not the result of a valid inventory search.

    Why it's attractive

    The statement is true but irrelevant — the call asks for the *reason*, not for an alternative exception that wasn't used

    Why it's wrong

    The statement is true but irrelevant — the call asks for the *reason*, not for an alternative exception that wasn't used

  • 19324_timothys_food_truck · CRIMINAL · Choice Dsearches conducted without prior approval by a judge or magistrate are per se unreasonable under the Fourth Amendment.

    Why it's attractive

    "Per se" is an absolute — no Fourth Amendment rule says *every* warrantless search is automatically unreasonable

    Why it's wrong

    "Per se" is an absolute — no Fourth Amendment rule says *every* warrantless search is automatically unreasonable

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Absolute Qualifier Overclaim — Trap Taxonomy | BarMatrix