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A Man Is Accused of Owning an Illegal Weapon That

Question 54

Multiple Choice

A man is accused of owning an illegal weapon that was discovered by the police during a search of the defendant's home without a warrant or probable cause. The case is most likely dismissed due to lack of evidence because


A) only federal laws deal with gun ownership and the police acted on local authority only.
B) seizures are illegal unless the suspect is given prior warning.
C) the exclusionary rule prohibits the prosecution from presenting the weapon as evidence since it was unlawfully seized.
D) the laws governing what constitutes an illegal weapon are unclear and have not been thoroughly tested in the courts.
E) the police did not follow the basic rules of the clear and present danger test.

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