MBE - how'd you feel? Forum

[LAW813FL]

What about conspiracy where no express agreement made?

[Veridian40]

Automobile warrant exception doesn't apply to locked containers. I don't remember what the item in question was, though. I know there's a case where a paper bag was recovered from a trunk and that needed no warrant though. Just need PC for that.

SITLA doesn't apply if arrestee(s) have already been detained and moved away from the car.

It definitely does. That's one of the five things I'm 100% confident on.

https://en.wikipedia.org/wiki/United_States_v._Ross

Isn't Ross an automobile exception case, not a SITLA case? I'm having trouble loading this. On my phone in bed.

It is, but isn't that what we were talking about? They pulled a car over at the beginning right?

[kyle010723]

Alright we've all probably been too specific here and this is probably unhelpful to our psyches anyway.

BROAD question, do we see the results/wrong answers/right answers when results are released?

My state only tell you if you pass. No score, nothing.

[jaysnooginz]

Automobile exception: they can open anything in your car including trunk if they have probable cause.

SITLA: can search passenger compartment if you are arrested but not under control; or, if they have reasonable suspicion there is evidence in the passenger compartment of the crime for which the arrestee was stopped for/arrested for.

[somuchbooty]

.

[musicfor18]

Hold on. I thought the rule for searching the passenger compartment was that, once arrestee is secured, they can't search unless they have reason to believe evidence off the crime of arrest is inside? You can't just put the guy in the squad car and then search the car incident to arrest.

There' no grab area implicated in a vehicle search, because it's not a safety concern, it's a concern that a vehicle is mobile and never in the same place so getting a warrant would be impracticable. Once the cops have cause to believe there's contraband inside, they have carte blanche to search it.

https://en.wikipedia.org/wiki/Carroll_v._United_States

That said, no clue if I got that question right. This is why I MUCH prefer essays over MC...

I think we may be talking about two different fact patterns. Also, the automobile exception does apply to containers in the car, I'm pretty sure.

[spacecaps]

Automobile warrant exception doesn't apply to locked containers. I don't remember what the item in question was, though. I know there's a case where a paper bag was recovered from a trunk and that needed no warrant though. Just need PC for that.

SITLA doesn't apply if arrestee(s) have already been detained and moved away from the car.

It definitely does. That's one of the five things I'm 100% confident on.

https://en.wikipedia.org/wiki/United_States_v._Ross

Isn't Ross an automobile exception case, not a SITLA case? I'm having trouble loading this. On my phone in bed.

It is, but isn't that what we were talking about? They pulled a car over at the beginning right?

that doesnt implicate the automobile exception. the automobile exception applies when they have probable cause to believe the car has evidence of a crime inside. if they pull over a car bc the person was speeding or w/e, the auto exception does not apply bc what evidence of speeding could there be inside?

[kyle010723]

What about conspiracy where no express agreement made?

Throw in a potential entrapment while you're at it?

[jaysnooginz]

I think there are two different questions we are all talking about and confusing each other over. Damn the world that we can't be specific lol.

[PJP]

So maybe we didn't take the MBE after all and it was just one giant inception..

Why does that remind me of hearsay within hearsay for some reason? clearly i got retarded by this mbe

[Calicakes]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

[somuchbooty]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

OH SHIT. lol that person could read this thread and probably get some help. How is that possible?

[PJP]

Shit. Just remembered I hand wrote the torts essay because my laptop malfunctioned. I sure have an uphill battle on this bar exam.

[odoylerulez]

I think there are two different questions we are all talking about and confusing each other over. Damn the world that we can't be specific lol.

I'm starting to think that too. Fairly sure I got 1 out of the 2 wrong. I give up.

[Veridian40]

I think there are two different questions we are all talking about and confusing each other over. Damn the world that we can't be specific lol.

Yeah I think you're right lol. Trying to discuss what happened without going into specifics makes this largely a moot point. I feel like the one in question was running a heck of a lot of misdirection though, and had elements of passenger standing, vehicle exception, and SITLA in it. It's just so damn frustrating that we all clearly knew the law well and still may've gotten it wrong.

[kyle010723]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

OH SHIT. lol that person could read this thread and probably get some help. How is that possible?

That person can read this thread and get mightily confused and can never figure out the right answer afterward.

[PJP]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

OH SHIT. lol that person could read this thread and probably get some help. How is that possible?

SHIT....

[Calicakes]

.

[kyle010723]

I think there are two different questions we are all talking about and confusing each other over. Damn the world that we can't be specific lol.

Yeah I think you're right lol. Trying to discuss what happened without going into specifics makes this largely a moot point. I feel like the one in question was running a heck of a lot of misdirection though, and had elements of passenger standing, vehicle exception, and SITLA in it. It's just so damn frustrating that we all clearly knew the law well and still may've gotten it wrong.

It was the standing one that I had a hard time with. Not sure what the other one was but that's ok.

[somuchbooty]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

OH SHIT. lol that person could read this thread and probably get some help. How is that possible?

That person can read this thread and get mightily confused and can never figure out the right answer afterward.

Not that much help. But some moron mentioned exact numbers earlier. Forgot who that was (me). Can mods just delete thread? I honestly thought everyone had taken the test so we were just worried about not posting total questions that they owned.

[jaysnooginz]

If you can read this thread and figure out anything that would be pertinent to the MBE we just took, you the smartest person in the world.

[odoylerulez]

Just saw a girl in the elevator who has not taken the MBE yet. She said she is here at the hotel until Monday, she doesnt test on Sat or Sun( I'm assuming for religious reasons)

No way that should be allowed. Between these forums, other forums, reddit, Twitter, etc., anyone could piece together substantial parts
of what was on the MBE by now. I'm just going to delete any of my references to questions in the morning because that's absurd.

[Arbinshire]

What about conspiracy where no express agreement made?

the original dude knew the 3rd party was being included so i think that was conspiracy

Conspiracy attaches the moment two or more agree to an illegal act. They don't have to know each other or have even met, just that their act involves an illegal purpose.

[Calicakes]

30500 right?

i don't even remember the question i just remember 30500 and picked that one lol

Same boat.

I did too. Strength in numbers.

no, not me 10500. How was the 20k "to stop a lawsuit" foreseeable?

[Veridian40]

I think there are two different questions we are all talking about and confusing each other over. Damn the world that we can't be specific lol.

Yeah I think you're right lol. Trying to discuss what happened without going into specifics makes this largely a moot point. I feel like the one in question was running a heck of a lot of misdirection though, and had elements of passenger standing, vehicle exception, and SITLA in it. It's just so damn frustrating that we all clearly knew the law well and still may've gotten it wrong.

It was the standing one that I had a hard time with. Not sure what the other one was but that's ok.

My brain is fried, and I only remember the one question apparently (unless I have two conflated in my mind lol). I will just say that I think that passengers have standing to challenge being seized in a vehicle, but not any searches of the vehicle regardless of the police's justification of the vlaidity of the search. Lord I hope that's right lol.