False Scope Rule
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
22275_courthouse_weathervane · CRIMINAL · Choice ANo, because the lamps were relevant to show that Stephen knew his shop contained stolen property.
Why it's attractive
A suppression motion tests how evidence was obtained; probative value can't cure an unlawful search.
Why it's wrong
A suppression motion tests how evidence was obtained; probative value can't cure an unlawful search.
22275_courthouse_weathervane · CRIMINAL · Choice BNo, because the lamps were in a springhouse on the shop's property.
Why it's attractive
Whether the springhouse is on the property is real but not what decides it; the warrant's authority had ended when the weathervane was found.
Why it's wrong
Whether the springhouse is on the property is real but not what decides it; the warrant's authority had ended when the weathervane was found.
22275_courthouse_weathervane · CRIMINAL · Choice DYes, because the lamps were in a separate springhouse.
Why it's attractive
A 'premises' warrant reaches outbuildings on the property; separateness is not a ground to suppress.
Why it's wrong
A 'premises' warrant reaches outbuildings on the property; separateness is not a ground to suppress.
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