Wrong Doctrine Frame
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL2
Example wrong choices
19361_threshing-floor · CRIMINAL · Choice ASuppress the evidence, because an arrest warrant is required before police may inspect anyone's trash
Why it's attractive
No arrest-warrant requirement for trash. Issue is reasonable expectation of privacy.
Why it's wrong
No arrest-warrant requirement for trash. Issue is reasonable expectation of privacy.
19361_threshing-floor · CRIMINAL · Choice BAdmit the evidence, but only if the sanitation collector first gave police consent to search the bags
Why it's attractive
Consent is a real 4A doctrine but the wrong one here. Analysis turns on abandonment, not consent.
Why it's wrong
Consent is a real 4A doctrine but the wrong one here. Analysis turns on abandonment, not consent.
19361_threshing-floor · CRIMINAL · Choice CSuppress the evidence, because opaque bags preserve a reasonable expectation of privacy even when placed at the curb
Why it's attractive
Greenwood explicitly rejected opacity as preserving privacy at the curb.
Why it's wrong
Greenwood explicitly rejected opacity as preserving privacy at the curb.
21245_market-road · CRIMINAL · Choice ANo, because a drug dog sniff is not a search under the Fourth Amendment
Why it's attractive
Sniff may not be a search, but the issue is seizure duration, not search definition.
Why it's wrong
Sniff may not be a search, but the issue is seizure duration, not search definition.
21245_market-road · CRIMINAL · Choice CYes, because police may never deploy drug dogs during a traffic stop
Why it's attractive
Police CAN use dogs during traffic stops if the stop isn't prolonged or RS exists. 'Never' is fabricated.
Why it's wrong
Police CAN use dogs during traffic stops if the stop isn't prolonged or RS exists. 'Never' is fabricated.
21245_market-road · CRIMINAL · Choice DNo, because any lawful traffic stop permits a dog sniff for as long as police want
Why it's attractive
Lawful stop doesn't mean unlimited time. Rodriguez: stop must end when mission is complete.
Why it's wrong
Lawful stop doesn't mean unlimited time. Rodriguez: stop must end when mission is complete.
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