GPSTC EXAM 2 QUESTIONS AND ANSWERS EXAM REVIEW UPDATE A GRADE

GPSTC EXAM 2 QUESTIONS AND ANSWERS EXAM REVIEW UPDATE A GRADE Probable Cause - ANS-Facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed. Probable Cause is the basis: - ANS-To arrest, to search, to seize Exclusionary Rule - ANS-Evidence illegally obtained will not be admissible in court Weeks v. United States - ANS-Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court. Wolfe v. Colorado - ANS-Silver Platter doctrine was struck down Mapp v. Ohio - ANS-Established the exclusionary rule was applicable to state, county, and local government. Purpose of Exclusionary Rule - ANS-To deter police misconduct. Exclusionary Rule Prohibits - ANS-1. The introduction of evidence seized during an unlawful search 2. Testimony concerning knowledge acquired from that unlawful search 3. Evidence that flowed from the unlawful search Exceptions to the Exclusionary Rule - ANS-good faith, inevitable discovery, purged taint, independent source Independent Source Exception - ANS-The existence of evidence which was not illegally seized and which in fact provided an independent basis for the discovery of the challenged evidence Inevitable Discovery Exception - ANS-Courts generally will not suppress evidence that has been seized illegally if the government can establish that the evidence inevitably would been discovered lawfully Inevitable Discovery prosecution must show: - ANS-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 Purged Taint Exception - ANS-If the evidence that is to be introduced is so far removed from the wrong done by the cops then it may be admissible. Scope - ANS-The range of one's authority or opportunity to function. Tiers of Police/ Citizen Contact - ANS-1)