Anticipatory Warrant
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
17309_customs-counterfeit-anticipatory · CRIMINAL · Choice AYes, because Andrew's acceptance of the parcel constituted consent to search the entire residence.
Why it's attractive
the facts show a delivery accepted, not a knowing agreement to a search
Why it's wrong
the facts show a delivery accepted, not a knowing agreement to a search
17309_customs-counterfeit-anticipatory · CRIMINAL · Choice CNo, because probable cause must exist at the moment the warrant is issued, and the counterfeit currency had not yet arrived at the home.
Why it's attractive
asserts the contraband must be present at issuance, which is the suspect's own losing argument
Why it's wrong
asserts the contraband must be present at issuance, which is the suspect's own losing argument
17309_customs-counterfeit-anticipatory · CRIMINAL · Choice DNo, because the warrant's triggering condition had to appear on the face of the warrant for it to be constitutionally valid.
Why it's attractive
invents a particularity requirement that the triggering condition appear on the warrant itself
Why it's wrong
invents a particularity requirement that the triggering condition appear on the warrant itself
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