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Affidavit Sufficiency

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

  • 19083_bare-bones-oath · CRIMINAL · Choice ANo, because the good-faith exception never applies to property crimes

    Why it's attractive

    Good faith applies regardless of offense type. The defect is the bare-bones affidavit.

    Why it's wrong

    Good faith applies regardless of offense type. The defect is the bare-bones affidavit.

  • 19083_bare-bones-oath · CRIMINAL · Choice BYes, because a magistrate issued the warrant

    Why it's attractive

    Magistrate issuance is generally required for good faith, but bare-bones affidavit overrides it.

    Why it's wrong

    Magistrate issuance is generally required for good faith, but bare-bones affidavit overrides it.

  • 19083_bare-bones-oath · CRIMINAL · Choice CYes, because the officer subjectively believed stolen tools were inside

    Why it's attractive

    Good faith is objective. Subjective belief of one officer is irrelevant.

    Why it's wrong

    Good faith is objective. Subjective belief of one officer is irrelevant.

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Practice questions using this trap →
Affidavit Sufficiency — Trap Taxonomy | BarMatrix