CRIMINAL PROCEDURE GPSTC UPDATED EXAMS
SCRIPT QUESTIONS AND ANSWERS SURE A+
✔✔Gary v. State (1992) - ✔✔The states have the power to impose higher standards on
searches and seizures than required by the Federal Constitution if it chooses to do so,
and GA has a statute that restricts govt action (bc no good faith exception here)
✔✔Motion to Suppress - ✔✔A request that the court prohibit the use of certain evidence
at the trial.
1. the search and seizure was illegal
2. the search and seizure with a warrant was illegal because the warrant is insufficient
on its face, there was not probable cause for the issuance of the warrant, or the warrant
was illegally executed
✔✔Burden of Proof is on - ✔✔the state
✔✔Independent Source Example - ✔✔the source of evidence must be independent of
the initial illegal action taken place.
ex: prints from illegal arrest thrown out, but prints from a prior legal arrest can be used
✔✔inevitable discovery example - ✔✔impossible to avoid or prevent ; an unavoidable
event
,- requires only that the evidence hypothetically would have been seized through some
legal means
must be actively pursuing means of discovery
ex: *Christian Burial Case*
✔✔Brewer v. Williams (1977) - ✔✔Called the Christian Burial Speech
*inevitable discovery*
✔✔Fruit of the Poisonous Tree Doctrine - ✔✔A legal principle that excludes from
introduction at trial any evidence later developed as a result of an illegal search or
seizure.
✔✔the prosecution must show on inevitable discovery: - ✔✔11th circuit standard
1. the lawful means which made the discovery inevitable, were possessed by the police,
and
2. were actively being pursued prior to the occurrence of the illegal conduct
✔✔attenuate - ✔✔to reduce in force or degree; to weaken
✔✔Wong Sun v. US - ✔✔In the view of the fact that after his unlawful arrest, petitioner
Wong Sun had been lawfully arraigned and released on his own recognizance and had
returned *voluntarily, several days later when he made his unsigned statement* the
connection between his unlawful arrest and the making of that statement was so
attenuated that the unsigned statement was not the fruit of the unlawful arrest and,
therefore, it was properly admitted evidence
(*purged taint*)
✔✔Oregon v. Elstad (1985) - ✔✔Facts: Michael Elstad arrested for burglary,
incriminated self/confessed before read Miranda rights
*purged taint due to the separation of time and the recognition of his rights after the
fact*
if miranda read after the fact and free and voluntary statement given, it is admissible
✔✔Missouri v. Seibert (2004) - ✔✔Facts: Patrice Siebert convicted of 2nd degree
murder from fire → confession before read Miranda Rights → read rights, pressured to
re-confess
Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't read
Miranda rights and received confession?
Rule: Oregon v. Elstad (un-Mirandized confession is admissible)
Conclusion: No, Rule does not apply, violation
✔✔scope - ✔✔the range of one's authority, breadth, or opportunity to function.
, example: the boundary or limits of a search warrant
✔✔Tiers of Police/Citizen Contact - ✔✔Tier 1 - Verbal Encounter
Tier 2 - Brief Stop (ARS)
Tier 3 - Arrest (PC)
✔✔Tier 1 Verbal Encounter - ✔✔Communication between police and citizens involving
no coercion or detention
*consensual encounter, no 4th violation*
✔✔Tier 2 Brief Seizure / Stop - ✔✔must be supported by ARS
*more than a gut feeling*
✔✔Articulable Reasonable Suspicion - ✔✔a set of facts and circumstances that would
lead a reasonable and prudent officer to believe that crime is afoot
✔✔Tier 3 Arrest - ✔✔Full scale arrest supported by probable cause
✔✔What is an arrest? - ✔✔The seizing and detaining of a person by lawful authority
✔✔Which amendment covers an arrest? - ✔✔fourth
✔✔Fourth Amendment - ✔✔The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons or
things to be seized.
✔✔Elements of Arrest - ✔✔Intent
Seizure
Communication/Understanding
✔✔An arrest should be thought of ____________ - ✔✔as a process of events
✔✔Intent of arrest - ✔✔What is the offcs intent?
Do you intend to arrest?
Do you intend to resolve the ambiguity of the situation?
Your actions may show intent
✔✔Seizure definition - ✔✔a government termination of movement through means
intentionally applied
✔✔Two types of seizures - ✔✔1. actual seizure (physical force)
SCRIPT QUESTIONS AND ANSWERS SURE A+
✔✔Gary v. State (1992) - ✔✔The states have the power to impose higher standards on
searches and seizures than required by the Federal Constitution if it chooses to do so,
and GA has a statute that restricts govt action (bc no good faith exception here)
✔✔Motion to Suppress - ✔✔A request that the court prohibit the use of certain evidence
at the trial.
1. the search and seizure was illegal
2. the search and seizure with a warrant was illegal because the warrant is insufficient
on its face, there was not probable cause for the issuance of the warrant, or the warrant
was illegally executed
✔✔Burden of Proof is on - ✔✔the state
✔✔Independent Source Example - ✔✔the source of evidence must be independent of
the initial illegal action taken place.
ex: prints from illegal arrest thrown out, but prints from a prior legal arrest can be used
✔✔inevitable discovery example - ✔✔impossible to avoid or prevent ; an unavoidable
event
,- requires only that the evidence hypothetically would have been seized through some
legal means
must be actively pursuing means of discovery
ex: *Christian Burial Case*
✔✔Brewer v. Williams (1977) - ✔✔Called the Christian Burial Speech
*inevitable discovery*
✔✔Fruit of the Poisonous Tree Doctrine - ✔✔A legal principle that excludes from
introduction at trial any evidence later developed as a result of an illegal search or
seizure.
✔✔the prosecution must show on inevitable discovery: - ✔✔11th circuit standard
1. the lawful means which made the discovery inevitable, were possessed by the police,
and
2. were actively being pursued prior to the occurrence of the illegal conduct
✔✔attenuate - ✔✔to reduce in force or degree; to weaken
✔✔Wong Sun v. US - ✔✔In the view of the fact that after his unlawful arrest, petitioner
Wong Sun had been lawfully arraigned and released on his own recognizance and had
returned *voluntarily, several days later when he made his unsigned statement* the
connection between his unlawful arrest and the making of that statement was so
attenuated that the unsigned statement was not the fruit of the unlawful arrest and,
therefore, it was properly admitted evidence
(*purged taint*)
✔✔Oregon v. Elstad (1985) - ✔✔Facts: Michael Elstad arrested for burglary,
incriminated self/confessed before read Miranda rights
*purged taint due to the separation of time and the recognition of his rights after the
fact*
if miranda read after the fact and free and voluntary statement given, it is admissible
✔✔Missouri v. Seibert (2004) - ✔✔Facts: Patrice Siebert convicted of 2nd degree
murder from fire → confession before read Miranda Rights → read rights, pressured to
re-confess
Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't read
Miranda rights and received confession?
Rule: Oregon v. Elstad (un-Mirandized confession is admissible)
Conclusion: No, Rule does not apply, violation
✔✔scope - ✔✔the range of one's authority, breadth, or opportunity to function.
, example: the boundary or limits of a search warrant
✔✔Tiers of Police/Citizen Contact - ✔✔Tier 1 - Verbal Encounter
Tier 2 - Brief Stop (ARS)
Tier 3 - Arrest (PC)
✔✔Tier 1 Verbal Encounter - ✔✔Communication between police and citizens involving
no coercion or detention
*consensual encounter, no 4th violation*
✔✔Tier 2 Brief Seizure / Stop - ✔✔must be supported by ARS
*more than a gut feeling*
✔✔Articulable Reasonable Suspicion - ✔✔a set of facts and circumstances that would
lead a reasonable and prudent officer to believe that crime is afoot
✔✔Tier 3 Arrest - ✔✔Full scale arrest supported by probable cause
✔✔What is an arrest? - ✔✔The seizing and detaining of a person by lawful authority
✔✔Which amendment covers an arrest? - ✔✔fourth
✔✔Fourth Amendment - ✔✔The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons or
things to be seized.
✔✔Elements of Arrest - ✔✔Intent
Seizure
Communication/Understanding
✔✔An arrest should be thought of ____________ - ✔✔as a process of events
✔✔Intent of arrest - ✔✔What is the offcs intent?
Do you intend to arrest?
Do you intend to resolve the ambiguity of the situation?
Your actions may show intent
✔✔Seizure definition - ✔✔a government termination of movement through means
intentionally applied
✔✔Two types of seizures - ✔✔1. actual seizure (physical force)
