Any Seen Conduct Is Plain View
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
14603_retreat_boutique_catwalk · CRIMINAL · Choice A{'text': 'denied, because the jacket was seized incident to a valid arrest based on probable cause.', 'why_wrong_or_correct': 'This is the dominant trap. Search incident is real, but the arrest probable cause came from the unlawful booth surveillance.'}
Why it's attractive
Search incident is downstream from the hidden surveillance.
Why it's wrong
Search incident is downstream from the hidden surveillance.
14603_retreat_boutique_catwalk · CRIMINAL · Choice B{'text': "denied, because the deputy saw Lydia from above and therefore Lydia's conduct was legitimately in plain view.", 'why_wrong_or_correct': 'Wrong. Plain view requires a lawful vantage; a hidden catwalk above a private changing booth is not plain view.'}
Why it's attractive
Plain view requires a right to the vantage.
Why it's wrong
Plain view requires a right to the vantage.
14603_retreat_boutique_catwalk · CRIMINAL · Choice D{'text': "granted, because the deputies should have obtained a warrant before opening Lydia's tote.", 'why_wrong_or_correct': 'Wrong reason. The tote search is later in the sequence; the privacy defect happened first inside the changing booth.'}
Why it's attractive
The first problem is the hidden booth surveillance, not a separate warrant question about the tote.
Why it's wrong
The first problem is the hidden booth surveillance, not a separate warrant question about the tote.
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