Bar Exam Uniform Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS
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You are a criminal defense attorney representing a client who lives on a five-acre property. The client's home and a detached garage are located within a single, six-foot-high chain-link fence that encloses about one acre of the property. The garage is approximately 100 feet from the back door of the home. An officer, acting on a tip, entered the fenced-in area through an unlocked gate and, by looking through the garage window, observed stolen automotive parts. This observation was the sole basis for a subsequently issued search warrant.
You are preparing a motion to suppress the evidence found in the garage. Your first argument is that the officer's initial observation was an unconstitutional search. Did a search occur when the officer entered the fenced area and looked into the garage window? Select one.
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