Closed Container Absolute
This trap appears as a wrong-answer choice in 3 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL3
Example wrong choices
18323_psalm_pouch_pendants · CRIMINAL · Choice ANo, because every closed pouch requires a separate warrant by name.
Why it's attractive
The choice says every closed pouch needs a named warrant no matter what object is listed.
Why it's wrong
The choice says every closed pouch needs a named warrant no matter what object is listed.
18323_psalm_pouch_pendants · CRIMINAL · Choice CYes, because a warrant for the pendants also authorizes searching every digital file on Mary's laptop.
Why it's attractive
A physical pendant cannot be hidden in a digital file.
Why it's wrong
A physical pendant cannot be hidden in a digital file.
18323_psalm_pouch_pendants · CRIMINAL · Choice DNo, because cloth keepsake pouches are never searchable for stolen property.
Why it's attractive
The choice says this kind of pouch can never be searched.
Why it's wrong
The choice says this kind of pouch can never be searched.
19863_prayer_tote_search · CRIMINAL · Choice ANo, because officers need a warrant for every closed container after any arrest.
Why it's attractive
the word every is too broad once the container is in the grabbing area
Why it's wrong
the word every is too broad once the container is in the grabbing area
19863_prayer_tote_search · CRIMINAL · Choice BNo, because an arrest warrant can never support any search.
Why it's attractive
the question asks search incident to arrest, not whether an arrest warrant is a search warrant
Why it's wrong
the question asks search incident to arrest, not whether an arrest warrant is a search warrant
19863_prayer_tote_search · CRIMINAL · Choice DYes, because a lawful arrest lets officers search the entire home.
Why it's attractive
entire home is much wider than hand-reach area
Why it's wrong
entire home is much wider than hand-reach area
20984_baptism_sign_tin · CRIMINAL · Choice AYes, but only because the retreat-supply van could be driven away.
Why it's attractive
The van's mobility explains the exception but does not answer whether this tin fits the search object.
Why it's wrong
The van's mobility explains the exception but does not answer whether this tin fits the search object.
20984_baptism_sign_tin · CRIMINAL · Choice CNo, because the automobile exception never permits officers to open containers.
Why it's attractive
Never is too broad because some containers can be searched when the object could be inside them.
Why it's wrong
Never is too broad because some containers can be searched when the object could be inside them.
20984_baptism_sign_tin · CRIMINAL · Choice DYes, because probable cause to search a vehicle lets officers open every container inside it.
Why it's attractive
Every container goes beyond the object-fit limit.
Why it's wrong
Every container goes beyond the object-fit limit.
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