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Source Client Letter California Bar Exam Topic Index Showing the closest available flashcard practice.

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0 tracked cards California Written Examination

Police investigate an incident, prosecutors charge a suspect, and the defendant challenges a key part of the case. Police found evidence after an unlawful stop but later obtained a warrant using partly independent facts. The facts are close, and both sides can cite a rule that appears favorable. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Import a rule from a nearby issue instead of applying the rule triggered by these facts. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. The court should resolve the motion by applying the operative rule to the government conduct and its effect at trial: The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts.

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