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Source Fourth Amendment Searches South Dakota Bar Exam Topic Index Matched to this deck.

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Police investigate an incident, prosecutors charge a suspect, and the defendant challenges a key part of the case. Officers entered a private area without a warrant after observing suspicious conduct. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. 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 Fourth Amendment Searches and apply it to the operative facts. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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