1. fourth amendment: When faced with a search and seizure issue, applicants should make sure they discuss the Fourth Amendment. Remember, too, that an individual can only assert a Fourth Amendment with if there is (1) government conduct, and (2) the individual has a reasonable expectation of privacy in the place or item being searched.

 

2. valid search warrant: A valid warrant requires (i) probable cause, (ii) specificity and particularity, and (iii) neutral and detached magistrate. Although one of the three requirements might be determinative as to the issue of whether a search warrant is valid, applicants should still discuss all of the requirements.

 

3. alternative response: If applicants reach a conclusion on primary issues that prevents further discussion regarding other related issues, they should consider answering in the alternative. For instance, many applicants determined that the search warrant’s language was overly broad and, therefore, invalid. As a result, these same applicants incorrectly determined that all evidence seized violated the Fourth Amendment since there was no valid warrant. By answering in the alternative as well, applicants give themselves the opportunity to continue the discussion and possibly generate additional points to improve their scores.

4. plain view exception: Remember, for the plain view exception to apply, the police must be legitimately present to search the area. As a result, applicants must explain why they were permitted to search the area where the first gun was discovered.

5. items, items, items: During the process of the search, police discovered the keys, a gun wrapped in clear plastic wrapping, and a gun wrapped in cloth. Applicants should take a thorough and separate examination of each item.

16%

54%

22%

5%

1%

0%

0%