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MMLU-Pro / 1547 / A defendant suspected her long-term boyfriend was cheating on her. On a hunch,…

Problem

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question

A defendant suspected her long-term boyfriend was cheating on her. On a hunch, she went to her boyfriend's apartment one afternoon and, using her key, she entered the apartment. Once inside, she found her boyfriend and his new girlfriend in bed together. In a rage, the defendant retrieved the gun from the nightstand and killed her boyfriend and his new girlfriend. After the shooting, the defendant left on a two-day trip to the mountains to get the week's events off her mind. She called her teenage neighbor to take care of her apartment while she was gone and to look after her 4-year-old daughter. That night, after the defendant left, the police came to the apartment. They asked the neighbor if they could search the apartment, and the neighbor gave them permission. The police found in the defendant's bedroom the gun used to kill her boyfriend. At a motion to suppress the gun prior to trial, which of the following facts would the defendant's attorney be LEAST likely to attempt to prove?

category

law

options

  1. The neighbor did not have the authority to give permission to search the apartment.
  2. The police did not read the neighbor her rights before asking for consent to search.
  3. The defendant's daughter was not present at the time of the search.
  4. The defendant did not own the gun used to kill her boyfriend.
  5. The police told the neighbor she would be taken to the police station if she refused permission to search.
  6. The gun was not visible without a thorough search of the defendant's bedroom.
  7. The defendant gave her neighbor the keys to her apartment.
  8. The defendant told her neighbor not to answer the door to anyone.
  9. The defendant had an alibi for the time of the murder.
  10. The police did not have a search warrant.

src

ori_mmlu-professional_law

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