Fruit Of Poisonous Tree
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
16120_farmhouse-firearms-suppress · CRIMINAL · Choice Adenied, since the stolen power tools were obtained as the result of a lawful search.
Why it's attractive
The search was only 'lawful' because of the warrant. But the warrant was based on what the deputy saw during the unlawful entry. The 'lawful search' framing ignores the fruit-of-the-poisonous-tree taint.
Why it's wrong
The search was only 'lawful' because of the warrant. But the warrant was based on what the deputy saw during the unlawful entry. The 'lawful search' framing ignores the fruit-of-the-poisonous-tree taint.
16120_farmhouse-firearms-suppress · CRIMINAL · Choice Bdenied, since it would not serve the interests of justice to require a police officer to ignore a discovery that he or she has probable cause to believe is contraband.
Why it's attractive
This sounds fair — why should an officer ignore illegal items? But the exclusionary rule exists to deter unlawful searches. If officers could use illegal-entry observations to get warrants, the Fourth Amendment would be meaningless.
Why it's wrong
This sounds fair — why should an officer ignore illegal items? But the exclusionary rule exists to deter unlawful searches. If officers could use illegal-entry observations to get warrants, the Fourth Amendment would be meaningless.
16120_farmhouse-firearms-suppress · CRIMINAL · Choice Dgranted, since Daniel's possession of stolen tools is not necessarily proof that he stole those tools.
Why it's attractive
The motion to suppress challenges whether the evidence can be used at all. Whether possession proves theft is a trial question, not a suppression question. This choice answers the wrong question.
Why it's wrong
The motion to suppress challenges whether the evidence can be used at all. Whether possession proves theft is a trial question, not a suppression question. This choice answers the wrong question.
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