Magistrate Signature Cures Staleness
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
17434_church_storage · CRIMINAL · Choice AThe warrant is valid because probable cause, once established, lasts forever.
Why it's attractive
The 'lasts forever' framing sells the idea that time doesn't matter. But probable cause must be current when the warrant issues. The 9-month-old information about movable laptops, without ongoing activity or recent corroboration, does not establish current probable cause.
Why it's wrong
The 'lasts forever' framing sells the idea that time doesn't matter. But probable cause must be current when the warrant issues. The 9-month-old information about movable laptops, without ongoing activity or recent corroboration, does not establish current probable cause.
17434_church_storage · CRIMINAL · Choice BThe warrant is valid because a magistrate signed it.
Why it's attractive
Magistrate deference is a real and important principle, but it does not cure staleness. A signed warrant must still be supported by nonstale probable cause. The magistrate's signature does not create missing facts.
Why it's wrong
Magistrate deference is a real and important principle, but it does not cure staleness. A signed warrant must still be supported by nonstale probable cause. The magistrate's signature does not create missing facts.
17434_church_storage · CRIMINAL · Choice CThe warrant is invalid only if the informant was lying.
Why it's attractive
Informant credibility is a real and well-known warrant-challenge doctrine (Franks v. Delaware), but it's the neighboring doctrine, not the right one. The issue here is staleness, not credibility.
Why it's wrong
Informant credibility is a real and well-known warrant-challenge doctrine (Franks v. Delaware), but it's the neighboring doctrine, not the right one. The issue here is staleness, not credibility.
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