Test 2 Review - GPSTC Cherokee
Exam Questions and Answers 100%
Pass
Definition of probable cause - ✔✔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) - ✔✔to arrest
to search
to seize
What does probable cause to arrest refer to? - ✔✔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? - ✔✔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? - ✔✔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? - ✔✔illegal
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,Probable cause is the basis for a _______ _______ or a _______ _______. - ✔✔legal
search; legal arrest
what is the exclusionary rule? - ✔✔evidence illegally obtained will not be admissible in
court
evidence seized illegally violated what clause of what amendment? - ✔✔due process of
the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule - ✔✔Weeks v. United States
(1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? - ✔✔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 - ✔✔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? - ✔✔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? -
✔✔no, they fell under the exclusionary rule and the decision was overturned.
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2
, What did Wolfe v. Colorado (1949) affirm? - ✔✔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? - ✔✔silver platter doctrine
What were federal agents doing with the silver platter doctrine? - ✔✔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? - ✔✔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? - ✔✔Possession of Pornography
(felony)
What is the purpose of the exclusionary rule? - ✔✔to deter police misconduct;
to control the behavior of the cops
definition of government action - ✔✔any action taken by government officials and their
agents
Who does the exclusionary rule apply to? - ✔✔government action; federal, state,
county, and local officers alike
What three things does the exclusionary rule prohibit? - ✔✔1. The introduction of
evidence seized during an unlawful search
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 3
Exam Questions and Answers 100%
Pass
Definition of probable cause - ✔✔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) - ✔✔to arrest
to search
to seize
What does probable cause to arrest refer to? - ✔✔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? - ✔✔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? - ✔✔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? - ✔✔illegal
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 1
,Probable cause is the basis for a _______ _______ or a _______ _______. - ✔✔legal
search; legal arrest
what is the exclusionary rule? - ✔✔evidence illegally obtained will not be admissible in
court
evidence seized illegally violated what clause of what amendment? - ✔✔due process of
the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule - ✔✔Weeks v. United States
(1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? - ✔✔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 - ✔✔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? - ✔✔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? -
✔✔no, they fell under the exclusionary rule and the decision was overturned.
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2
, What did Wolfe v. Colorado (1949) affirm? - ✔✔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? - ✔✔silver platter doctrine
What were federal agents doing with the silver platter doctrine? - ✔✔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? - ✔✔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? - ✔✔Possession of Pornography
(felony)
What is the purpose of the exclusionary rule? - ✔✔to deter police misconduct;
to control the behavior of the cops
definition of government action - ✔✔any action taken by government officials and their
agents
Who does the exclusionary rule apply to? - ✔✔government action; federal, state,
county, and local officers alike
What three things does the exclusionary rule prohibit? - ✔✔1. The introduction of
evidence seized during an unlawful search
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 3
