Criminal Procedure GPSTC 320-321 Questions And Answers

Criminal Procedure GPSTC 320-321 Questions And Answers 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 to search v probably cause to arrest - ANS-Two types of probable cause An arrest without probable cause is - ANS-illegal PC is the basis for - ANS-a *legal* search or a *legal* arrest The Exclusionary Rule definition - ANS-A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct ex: illegally searching someone and finding contraband does not allow that evidence to be used in court Evidence seized in violation of due process or some provision of ___________ (based on exclusionary rule) - ANS-the Bill of Rights Weeks v. US - ANS-Case law that established exclusionary rule, evidence gotten without a warrant isn't admissible in a *federal court* Lottery tickets were seized from a home without a SW Wolfe v. Colorado (1949) - ANS-FEDS would go to *local* officers and make them obtain evidence because the exclusionary rule did not apply to local and state officers also known as *Silver Platter Doctrine* - was ultimately struck down Mapp v. Ohio (1961) - ANS-Extended the Exclusionary Rule to the states, increasing the protections for defendants. Illegally obtained evidence could not be used in state, county, and local govt Searched Mapp's house with a fake SW for gambling stuff but she had porn (obscene materials) in her house Purpose of Exclusionary Rule - ANS-to deter police misconduct; to control the behavior of the cops Government Action - ANS-Any action taken by government officials and their agents (the po-po) Exclusionary Rule _________ - ANS-only applies to government action The Exclusionary Rule prohibits the following: - ANS-1. The introduction of evidence seized during an unlawful search 2. Testimony concerning knowledge acquired from that unlawful search 3. Derivative evidence that flowed from the unlawful search The **sole** purpose of the exclusionary rule is : - ANS-... Continues...