Test 2 Review - GPSTC Cherokee UPDATED
ACTUAL Exam Questions and CORRECT
Answers
Definition of probable cause - CORRECT ANSWER - 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 ANSWER - to arrest
to search
to seize
What does probable cause to arrest refer to? - CORRECT ANSWER - 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 ANSWER - 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 ANSWER - 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 ANSWER - illegal
Probable cause is the basis for a _______ _______ or a _______ _______. - CORRECT
ANSWER - legal search; legal arrest
what is the exclusionary rule? - CORRECT ANSWER - evidence illegally obtained will not
be admissible in court
,evidence seized illegally violated what clause of what amendment? - CORRECT ANSWER -
due process of the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule - CORRECT ANSWER - Weeks v.
United States (1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? - CORRECT ANSWER - 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 ANSWER - 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
ANSWER - 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
ANSWER - no, they fell under the exclusionary rule and the decision was overturned.
What did Wolfe v. Colorado (1949) affirm? - CORRECT ANSWER - 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 ANSWER - silver platter
doctrine
, What were federal agents doing with the silver platter doctrine? - CORRECT ANSWER -
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 ANSWER - 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 ANSWER - Possession of
Pornography (felony)
What is the purpose of the exclusionary rule? - CORRECT ANSWER - to deter police
misconduct;
to control the behavior of the cops
definition of government action - CORRECT ANSWER - any action taken by government
officials and their agents
Who does the exclusionary rule apply to? - CORRECT ANSWER - government action;
federal, state, county, and local officers alike
What three things does the exclusionary rule prohibit? - CORRECT ANSWER - 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 ANSWER - 1. Good faith
ACTUAL Exam Questions and CORRECT
Answers
Definition of probable cause - CORRECT ANSWER - 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 ANSWER - to arrest
to search
to seize
What does probable cause to arrest refer to? - CORRECT ANSWER - 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 ANSWER - 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 ANSWER - 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 ANSWER - illegal
Probable cause is the basis for a _______ _______ or a _______ _______. - CORRECT
ANSWER - legal search; legal arrest
what is the exclusionary rule? - CORRECT ANSWER - evidence illegally obtained will not
be admissible in court
,evidence seized illegally violated what clause of what amendment? - CORRECT ANSWER -
due process of the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule - CORRECT ANSWER - Weeks v.
United States (1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? - CORRECT ANSWER - 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 ANSWER - 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
ANSWER - 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
ANSWER - no, they fell under the exclusionary rule and the decision was overturned.
What did Wolfe v. Colorado (1949) affirm? - CORRECT ANSWER - 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 ANSWER - silver platter
doctrine
, What were federal agents doing with the silver platter doctrine? - CORRECT ANSWER -
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 ANSWER - 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 ANSWER - Possession of
Pornography (felony)
What is the purpose of the exclusionary rule? - CORRECT ANSWER - to deter police
misconduct;
to control the behavior of the cops
definition of government action - CORRECT ANSWER - any action taken by government
officials and their agents
Who does the exclusionary rule apply to? - CORRECT ANSWER - government action;
federal, state, county, and local officers alike
What three things does the exclusionary rule prohibit? - CORRECT ANSWER - 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 ANSWER - 1. Good faith
