GPSTC Exam 2- Criminal Procedure
Questions and Answers 100% Pass
Probable Cause - ✔✔facts or circumstances that would make a reasonable or prudent
person believe a crime IS being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL - ✔✔facts or circumstances that make
a person believe that a particular person has committed a crime and that person may be
arrested for that crime
Probable Cause to Search - ✔✔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
Probable Cause to Seize - ✔✔acts or circumstances that would lead a reasonable officer
to believe that an item is contraband, is stolen, or constitutes evidence of a crime
Exclusionary Rule - ✔✔evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 1
, History of Exclusionary Rule - ✔✔1. Weeks V. United States (1914): Lottery tickets were
seized from home w/out search warrant
*AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to
search people's property w/out warrant and IF any evidence, to turn it in to Federal
Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th
amendment (unreasonable search) and could not be admitted in a STATE court criminal
proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local
gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule - ✔✔1. Good Faith Exception:
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2
Questions and Answers 100% Pass
Probable Cause - ✔✔facts or circumstances that would make a reasonable or prudent
person believe a crime IS being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL - ✔✔facts or circumstances that make
a person believe that a particular person has committed a crime and that person may be
arrested for that crime
Probable Cause to Search - ✔✔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
Probable Cause to Seize - ✔✔acts or circumstances that would lead a reasonable officer
to believe that an item is contraband, is stolen, or constitutes evidence of a crime
Exclusionary Rule - ✔✔evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 1
, History of Exclusionary Rule - ✔✔1. Weeks V. United States (1914): Lottery tickets were
seized from home w/out search warrant
*AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to
search people's property w/out warrant and IF any evidence, to turn it in to Federal
Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th
amendment (unreasonable search) and could not be admitted in a STATE court criminal
proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local
gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule - ✔✔1. Good Faith Exception:
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2
