MBE barbri simulated final exam (Rules and Examples) 2023/2024

MBE barbri simulated final exam (Rules and Examples) 2023/2024 Fourth Amendment right- reasonable expectation of privacy - ANSWER-To be able to assert a Fourth Amendment right, a person must have a reasonable expectation of privacy with respect to the place searched or the item seized. There is no expectation of privacy in objects or places held out to the public. Thus, the police may fly over a field to observe it with the naked eye, and even a low flyover by a helicopter to view inside a partially covered greenhouse is permissible. Open Fields doctrine - ANSWER-Areas outside the "curtilage" (dwelling house and outbuildings) are subject to police entry and search because there areas are held out to the public and are not protected to the same extent under the Fourth Amendment. Eg. A barn may be considered to be outside the curtilage. Thus, looking into somebody's barn 150 feet from the fence does not violate Fourth Amendment protection. Search incident to a lawful arrest - ANSWER-E.g. the arrest of the defendant for driving under the influence was lawful, because the weaving of the defendant's car and his disoriented appearance gave the police probable cause to arrest. The police may conduct a warrantless search incident to a lawful arrest, including a search of the person and areas into which he might reach to obtain weapons or destroy evidence (his wingspan) search incident to a lawful arrest (automobile) - ANSWER-after arresting the occupant of an automobile, the police may conduct a warrantless search of the passenger compartment (including any containers therein), because the entire passenger compartment is within the arrestee's wingspan. congress' power to spend for the general welfare - ANSWER-Congress may spend to "provide for the common defense and the general welfare". Congress may regulate states by imposing explicit conditions on the grant of money to state or local governments. promissory estoppel - ANSWER-a promise is enforceable to the extent necessary to prevent injustice if the promisor should reasonably expect the promise to induce action or forberance and such action or forbearance is in fact induced.