Test 2 Review - GPSTC Cherokee || A Verified A+ Pass.
Definition of probable cause correct answers facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been committed
What is probable cause the basis of? (three things) correct answers to arrest
to search
to seize
What does probable cause to arrest refer to? correct answers facts or circumstances that a
particular person has committed a crime and that person may be ARRESTED for that crime
What does probable cause to search refer to? correct answers facts or circumstances that make an
officer believe that evidence of a crime is now in a particular location and that officer should be
allowed to go and SEARCH for that evidence
What does probable cause to seize refer to? correct answers facts and circumstances that would
lead a reasonable officer to believe that an item is contraband is stolen or constitutes evidence of
a crime
Is an arrest without probable cause legal or illegal? correct answers illegal
Probable cause is the basis for a _______ _______ or a _______ _______. correct answers legal
search; legal arrest
what is the exclusionary rule? correct answers evidence illegally obtained will not be admissible
in court
evidence seized illegally violated what clause of what amendment? correct answers due process
of the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule correct answers Weeks v. United States
(1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? correct answers exclusionary rule at this time
only applied to the actions of the federal government;
before this decision the courts admitted illegally seized material as evidence to avoid allowing
guilty parties to go free
Facts of the case in Weeks v. United States correct answers lottery tickets and related documents
were seized from Weeks's home without a search warrant
,In Weeks v. United States, what did they say about the 4th amendment? correct answers if the
evidence obtained was admitted, it would reduce the 4th amendment to a form of words without
the use of the exclusionary rule.
Were the documents admissible in court in Weeks v. United States after the appeal? correct
answers no, they fell under the exclusionary rule and the decision was overturned.
What did Wolfe v. Colorado (1949) affirm? correct answers that the 4th and 14th amendment not
only applies to federal officers, but state officers as well
What doctrine was struck down in Wolfe v. Colorado? correct answers silver platter doctrine
What were federal agents doing with the silver platter doctrine? correct answers would go to
local officers, knowing the exclusionary rule didn't apply to local officers, and ask them to search
people's homes, vehicles, etc. without a warrant and turn over any evidence found to the federal
agents. ("on a silver platter")
What did Mapp v. Ohio (1961) affirm? correct answers evidence obtained in violation of the 4th
amendment could NOT be admitted in a state court criminal proceeding, and
establishing the exclusionary rule applies to EVERYONE
What was the Ohio statute violated in Mapp v. Ohio? correct answers Possession of Pornography
(felony)
What is the purpose of the exclusionary rule? correct answers to deter police misconduct;
to control the behavior of the cops
definition of government action correct answers any action taken by government officials and
their agents
Who does the exclusionary rule apply to? correct answers government action; federal, state,
county, and local officers alike
What three things does the exclusionary rule prohibit? correct answers 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
What are 4 exceptions to the exclusionary rule (NOTE: there are more, but only what we went
over in class for purpose of this review) correct answers 1. Good faith
2. Independent source
3. Inevitable discovery
4. Purged taint
, What is the good faith exception to the exclusionary rule? correct answers If officers had
reasonable, good faith belief that they were acting according to legal authority, such as by
relying on a search warrant that is later found to have been legally defective, the illegally seized
evidence is admissible under this rule.
What court case gave us the good faith exception? correct answers US v. Leon (1984)
Facts of the case in US v. Leon correct answers a search warrant was executed based on an
affidavit signed by a judge and reviewed by three DA's
Large quantities of drugs were seized but were suppressed due to the lack of probable cause for
the original search warrant
officers had good faith executing the search warrant, they are not expected to question the judge's
decision
Does the Good Faith Exception apply in Georgia? correct answers No
Why can Georgia decide not to allow the good faith exception? correct answers The US Supreme
Court gave states the power to impose higher standards on searches and seizures than required by
the Constitution
What does Georgia's Supreme Court say about the good faith exception? correct answers rests
not on a constitutional right; rests on the statute passed by the legislature and we simply hold that
the courts are bound by that statute
Burden on proving lawfulness of a warrant IS on the state; not solely on the judge
When will a defendant move to suppress evidence? correct answers when they are aggrieved by
an unlawful search and seizure and wish to have their property returned
Even if evidence was obtained in violation of the 4th amendment, when are the courts not
required to return property to the defendant? correct answers even though the evidence was
found unlawfully, if the evidence is contraband, it is not to be returned to the defendant
One of two grounds have to be proven to suppress evidence, what are the two grounds? correct
answers 1. search and seizure without warrant was illegal
2. search and seizure with a warrant was illegal because the warrant is insufficient on its face and
there was no probable cause for the issuance of that warrant
Who is the burden on to prove that the search was lawful? correct answers state
how many days to execute a search warrant? correct answers ten
What is the independent source exception? correct answers existence of evidence which was not
illegally seized and which in fact provided a basis for the discovery of the challenged evidence
Definition of probable cause correct answers facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been committed
What is probable cause the basis of? (three things) correct answers to arrest
to search
to seize
What does probable cause to arrest refer to? correct answers facts or circumstances that a
particular person has committed a crime and that person may be ARRESTED for that crime
What does probable cause to search refer to? correct answers facts or circumstances that make an
officer believe that evidence of a crime is now in a particular location and that officer should be
allowed to go and SEARCH for that evidence
What does probable cause to seize refer to? correct answers facts and circumstances that would
lead a reasonable officer to believe that an item is contraband is stolen or constitutes evidence of
a crime
Is an arrest without probable cause legal or illegal? correct answers illegal
Probable cause is the basis for a _______ _______ or a _______ _______. correct answers legal
search; legal arrest
what is the exclusionary rule? correct answers evidence illegally obtained will not be admissible
in court
evidence seized illegally violated what clause of what amendment? correct answers due process
of the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule correct answers Weeks v. United States
(1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? correct answers exclusionary rule at this time
only applied to the actions of the federal government;
before this decision the courts admitted illegally seized material as evidence to avoid allowing
guilty parties to go free
Facts of the case in Weeks v. United States correct answers lottery tickets and related documents
were seized from Weeks's home without a search warrant
,In Weeks v. United States, what did they say about the 4th amendment? correct answers if the
evidence obtained was admitted, it would reduce the 4th amendment to a form of words without
the use of the exclusionary rule.
Were the documents admissible in court in Weeks v. United States after the appeal? correct
answers no, they fell under the exclusionary rule and the decision was overturned.
What did Wolfe v. Colorado (1949) affirm? correct answers that the 4th and 14th amendment not
only applies to federal officers, but state officers as well
What doctrine was struck down in Wolfe v. Colorado? correct answers silver platter doctrine
What were federal agents doing with the silver platter doctrine? correct answers would go to
local officers, knowing the exclusionary rule didn't apply to local officers, and ask them to search
people's homes, vehicles, etc. without a warrant and turn over any evidence found to the federal
agents. ("on a silver platter")
What did Mapp v. Ohio (1961) affirm? correct answers evidence obtained in violation of the 4th
amendment could NOT be admitted in a state court criminal proceeding, and
establishing the exclusionary rule applies to EVERYONE
What was the Ohio statute violated in Mapp v. Ohio? correct answers Possession of Pornography
(felony)
What is the purpose of the exclusionary rule? correct answers to deter police misconduct;
to control the behavior of the cops
definition of government action correct answers any action taken by government officials and
their agents
Who does the exclusionary rule apply to? correct answers government action; federal, state,
county, and local officers alike
What three things does the exclusionary rule prohibit? correct answers 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
What are 4 exceptions to the exclusionary rule (NOTE: there are more, but only what we went
over in class for purpose of this review) correct answers 1. Good faith
2. Independent source
3. Inevitable discovery
4. Purged taint
, What is the good faith exception to the exclusionary rule? correct answers If officers had
reasonable, good faith belief that they were acting according to legal authority, such as by
relying on a search warrant that is later found to have been legally defective, the illegally seized
evidence is admissible under this rule.
What court case gave us the good faith exception? correct answers US v. Leon (1984)
Facts of the case in US v. Leon correct answers a search warrant was executed based on an
affidavit signed by a judge and reviewed by three DA's
Large quantities of drugs were seized but were suppressed due to the lack of probable cause for
the original search warrant
officers had good faith executing the search warrant, they are not expected to question the judge's
decision
Does the Good Faith Exception apply in Georgia? correct answers No
Why can Georgia decide not to allow the good faith exception? correct answers The US Supreme
Court gave states the power to impose higher standards on searches and seizures than required by
the Constitution
What does Georgia's Supreme Court say about the good faith exception? correct answers rests
not on a constitutional right; rests on the statute passed by the legislature and we simply hold that
the courts are bound by that statute
Burden on proving lawfulness of a warrant IS on the state; not solely on the judge
When will a defendant move to suppress evidence? correct answers when they are aggrieved by
an unlawful search and seizure and wish to have their property returned
Even if evidence was obtained in violation of the 4th amendment, when are the courts not
required to return property to the defendant? correct answers even though the evidence was
found unlawfully, if the evidence is contraband, it is not to be returned to the defendant
One of two grounds have to be proven to suppress evidence, what are the two grounds? correct
answers 1. search and seizure without warrant was illegal
2. search and seizure with a warrant was illegal because the warrant is insufficient on its face and
there was no probable cause for the issuance of that warrant
Who is the burden on to prove that the search was lawful? correct answers state
how many days to execute a search warrant? correct answers ten
What is the independent source exception? correct answers existence of evidence which was not
illegally seized and which in fact provided a basis for the discovery of the challenged evidence
