Arrest Allows Every Search
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
18640_bookstore_phone_gallery · CRIMINAL · Choice ANo, because a smartphone is treated like a wallet or pocket notebook once officers lawfully seize it.
Why it's attractive
The choice treats a phone like a wallet even though the search was of digital contents.
Why it's wrong
The choice treats a phone like a wallet even though the search was of digital contents.
18640_bookstore_phone_gallery · CRIMINAL · Choice BYes, but only if the bookstore-burglary charge is later dismissed.
Why it's attractive
The search legality is judged when officers searched the phone.
Why it's wrong
The search legality is judged when officers searched the phone.
18640_bookstore_phone_gallery · CRIMINAL · Choice CNo, because search incident to arrest allows officers to inspect every item taken from the arrestee.
Why it's attractive
The word every pushes search-incident authority too far.
Why it's wrong
The word every pushes search-incident authority too far.
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