Criminal Procedure: Search & Seizure: Answer Model

Search and Seizure Answer Model:

  • (A) Does person in question have a Fourth Amendment right?
    • 1. Was there government conduct?
    • 2. Did person have reasonable expectation of privacy? (if yes, go on to Part B)
  • (B) Did police have a valid search warrant?
    • 1. If yes, the search is OK
    • 2. If the warrant is no good... (on MBE, possibly save evidence using a good faith defense for reliance on a defective search warrant)