Curtilage Always Wins
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
14602_walled-prayer-courtyard · CRIMINAL · Choice Agrant the motion, because Lydia had a reasonable expectation of privacy in the curtilage around her home and the police did not have a warrant.
Why it's attractive
Points to a real privacy fact but ignores the aerial-vantage rule that defeats objective reasonableness.
Why it's wrong
Points to a real privacy fact but ignores the aerial-vantage rule that defeats objective reasonableness.
14602_walled-prayer-courtyard · CRIMINAL · Choice Cgrant the motion, because the deputy's only purpose in making the flight was to observe the courtyard.
Why it's attractive
Talks about officer purpose instead of the Fourth Amendment privacy test.
Why it's wrong
Talks about officer purpose instead of the Fourth Amendment privacy test.
14602_walled-prayer-courtyard · CRIMINAL · Choice Ddeny the motion, because a warrant is not required for a search of a residential courtyard.
Why it's attractive
Reaches the likely result by stating a rule that is wider than the law.
Why it's wrong
Reaches the likely result by stating a rule that is wider than the law.
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