MisconceptionObserved in bank
Assumption Of Risk Consent
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
17312_food_pantry_van · CRIMINAL · Choice ANo, because Lydia was not arrested, and the police therefore could not search any property associated with her.
Why it's wrong
Automobile-exception scope does not require arrest of the passenger.
17312_food_pantry_van · CRIMINAL · Choice CYes, but only because Lydia assumed the risk of a search by riding in a van driven by someone using illegal drugs.
Why it's wrong
The automobile exception supplies the rule; implied consent from riding in the van does not.
17312_food_pantry_van · CRIMINAL · Choice DNo, because Lydia's ownership of the tote gave her a stronger Fourth Amendment interest than Daniel had in the van, and ownership controls the searchability of a container.
Why it's wrong
Passenger ownership does not create a categorical carveout from a valid automobile-exception container search.
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