Drug Exception Exists
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
21601_josiah_warehouse_variance · CRIMINAL · Choice BNo, because police may search anyone they suspect before deciding whether to arrest.
Why it's attractive
Officers need probable cause to arrest before the search, not mere suspicion. The search-incident-to-arrest doctrine requires PC + prompt arrest.
Why it's wrong
Officers need probable cause to arrest before the search, not mere suspicion. The search-incident-to-arrest doctrine requires PC + prompt arrest.
21601_josiah_warehouse_variance · CRIMINAL · Choice CYes, because the words under arrest must always be spoken before any search.
Why it's attractive
The formal announcement need not precede the search. If PC existed and arrest followed promptly, the search is valid regardless of when the words were spoken. Gold Key: substance over form.
Why it's wrong
The formal announcement need not precede the search. If PC existed and arrest followed promptly, the search is valid regardless of when the words were spoken. Gold Key: substance over form.
21601_josiah_warehouse_variance · CRIMINAL · Choice DYes, because drug offenses never permit searches incident to arrest.
Why it's attractive
There is no drug-offense exception to search incident to arrest. Any lawful custodial arrest for any offense can support a search incident to arrest.
Why it's wrong
There is no drug-offense exception to search incident to arrest. Any lawful custodial arrest for any offense can support a search incident to arrest.
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