Documentary Evidence Cannot Be Suppressed
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
18066_church_office · CRIMINAL · Choice AYes, because a co-conspirator may assert the rights of every member of the conspiracy.
Why it's attractive
Conspiracy is a real legal concept, but it does not transfer Fourth Amendment standing. Rights remain personal. A co-conspirator has no privacy or property interest in another co-conspirator's property simply by virtue of the conspiracy.
Why it's wrong
Conspiracy is a real legal concept, but it does not transfer Fourth Amendment standing. Rights remain personal. A co-conspirator has no privacy or property interest in another co-conspirator's property simply by virtue of the conspiracy.
18066_church_office · CRIMINAL · Choice CNo, because documentary evidence cannot be suppressed.
Why it's attractive
Documentary evidence CAN be suppressed when obtained through a violation of the moving defendant's rights. The type of evidence is not the test; the violation of the defendant's OWN rights is the test.
Why it's wrong
Documentary evidence CAN be suppressed when obtained through a violation of the moving defendant's rights. The type of evidence is not the test; the violation of the defendant's OWN rights is the test.
18066_church_office · CRIMINAL · Choice DYes, because the ledger is evidence against Lydia.
Why it's attractive
True the ledger is evidence against Lydia; that does not establish that her OWN Fourth Amendment rights were violated. Suppression requires a violation of the defendant's own protected interest, not merely that the evidence is harmful to the defense.
Why it's wrong
True the ledger is evidence against Lydia; that does not establish that her OWN Fourth Amendment rights were violated. Suppression requires a violation of the defendant's own protected interest, not merely that the evidence is harmful to the defense.
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