Criminal Procedure & Use of Force Test 2 GPSTC UPDATED ACTUAL
Questions and CORRECT Answers
1. Weeks v. US Established the Exclusionary Rule for Fed Cases
Lottery tickets seized from home w/o a search war-
rant
2. Wolfe v. Colorado Silver Platter doctrine was shut down but exclu-
sionary rule still only applied to Fed Courts
3. Silver Platter Doctrine Federal agents would go to local oflcers b/c the
Exclusionary Rule DID NOT apply to local oflcers,
and would ask them to search people's homes/ve-
hicles w/o a search warrant and if they found any
evidence, they would turn it over to the federal
agents
4. Mapp v. OH Evidence obtained in violation of the 4th amend-
ment could not be admitted in a STATE court crim-
inal proceeding. The exclusionary rule has now
been applied to state, county, and local gov't
5. US v. Leon A search warrant was made and large amounts of
drugs were found and Leon was indicted. Evidence
was suppressed b/c there was no PC. The US
Supreme Court created the Good Faith exception
to the exclusionary rule.
6. Brewer v. Williams 10 yr old girl went missing; Williams abducted her;
"There was a snow storm a brewin" "Christian Bur-
ial Speech"; This case established the INEVITABLE
DISCOVERY EXCEPTION
7. Wong Sun v. US "Sun Shined on the taint" Under the Purged Taint
Exception
After his unlawful arrest (Taint), Wong Sun had
, been lawfully arraigned and released. He had re-
turned voluntarily (Purged) when he made an un-
signed statement and therefore it was properly
admitted in evidence
8. Oregon v. Elstad "Mirandize befor questioning OrHEGone out of
custody." Gross home was burglarized; 18 year old
neighbor Elstad admitted to oflcer he was there.
Elstad was taken in for questioning. Oregon court
concluded his initial unconstitutionally obtained
statement was inadmissible. *Always read Miranda
before questioning
9. Probable Cause facts or circumstances that would make a reason-
able or prudent person believe a crime is being or
has been committed
10. Exclusionary Rule evidence illegally obtained will not be admissible
in court
*fruit of the poisonous tree
11. Purpose of the exclusionary rule to deter police misconduct and control behavior of
LEO's
12. Fruit of the Poisonous Tree Prohibits evidence seized during an unlawful
search, testimony concerning knowledge acquired
from that unlawful search, and derivative evidence
that flowed from the unlawful search
13. Exceptions to the Exclusionary Rule 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
, 14. Where does the Good Faith Exception GA
NOT apply?
15. Missouri v. Seibert "Missery stricken in fire deaths" Seibert's son w/
cerebral palsy died in his sleep and Donald, an
unrelated mentally ill person living with the family,
was also left to die in the fire to cover up son's
death. LEO's arrested Seibert, but did not Miran-
dize her. Oflcer Hanrahan obtained a confession,
gave her a break, and returned to give her Miranda
warnings and resumed questioning again. Oflcer
did this on purpose and Seibert moved to sup-
press. Case was thrown out.
16. Scope The range of one's authority, breadth, or opportu-
nity to function
ex: boundary or limits imposed by the size or na-
ture of the items
17. Tier 1 Verbal Encounter
18. Tier 2 Brief Seizure
Must have ARS
19. Tier 3 Arrest
Must have PC
20. Arrest restricting someone's movement
21. Elements of an arrest Intent
Seizure
Communication/Understanding
Questions and CORRECT Answers
1. Weeks v. US Established the Exclusionary Rule for Fed Cases
Lottery tickets seized from home w/o a search war-
rant
2. Wolfe v. Colorado Silver Platter doctrine was shut down but exclu-
sionary rule still only applied to Fed Courts
3. Silver Platter Doctrine Federal agents would go to local oflcers b/c the
Exclusionary Rule DID NOT apply to local oflcers,
and would ask them to search people's homes/ve-
hicles w/o a search warrant and if they found any
evidence, they would turn it over to the federal
agents
4. Mapp v. OH Evidence obtained in violation of the 4th amend-
ment could not be admitted in a STATE court crim-
inal proceeding. The exclusionary rule has now
been applied to state, county, and local gov't
5. US v. Leon A search warrant was made and large amounts of
drugs were found and Leon was indicted. Evidence
was suppressed b/c there was no PC. The US
Supreme Court created the Good Faith exception
to the exclusionary rule.
6. Brewer v. Williams 10 yr old girl went missing; Williams abducted her;
"There was a snow storm a brewin" "Christian Bur-
ial Speech"; This case established the INEVITABLE
DISCOVERY EXCEPTION
7. Wong Sun v. US "Sun Shined on the taint" Under the Purged Taint
Exception
After his unlawful arrest (Taint), Wong Sun had
, been lawfully arraigned and released. He had re-
turned voluntarily (Purged) when he made an un-
signed statement and therefore it was properly
admitted in evidence
8. Oregon v. Elstad "Mirandize befor questioning OrHEGone out of
custody." Gross home was burglarized; 18 year old
neighbor Elstad admitted to oflcer he was there.
Elstad was taken in for questioning. Oregon court
concluded his initial unconstitutionally obtained
statement was inadmissible. *Always read Miranda
before questioning
9. Probable Cause facts or circumstances that would make a reason-
able or prudent person believe a crime is being or
has been committed
10. Exclusionary Rule evidence illegally obtained will not be admissible
in court
*fruit of the poisonous tree
11. Purpose of the exclusionary rule to deter police misconduct and control behavior of
LEO's
12. Fruit of the Poisonous Tree Prohibits evidence seized during an unlawful
search, testimony concerning knowledge acquired
from that unlawful search, and derivative evidence
that flowed from the unlawful search
13. Exceptions to the Exclusionary Rule 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
, 14. Where does the Good Faith Exception GA
NOT apply?
15. Missouri v. Seibert "Missery stricken in fire deaths" Seibert's son w/
cerebral palsy died in his sleep and Donald, an
unrelated mentally ill person living with the family,
was also left to die in the fire to cover up son's
death. LEO's arrested Seibert, but did not Miran-
dize her. Oflcer Hanrahan obtained a confession,
gave her a break, and returned to give her Miranda
warnings and resumed questioning again. Oflcer
did this on purpose and Seibert moved to sup-
press. Case was thrown out.
16. Scope The range of one's authority, breadth, or opportu-
nity to function
ex: boundary or limits imposed by the size or na-
ture of the items
17. Tier 1 Verbal Encounter
18. Tier 2 Brief Seizure
Must have ARS
19. Tier 3 Arrest
Must have PC
20. Arrest restricting someone's movement
21. Elements of an arrest Intent
Seizure
Communication/Understanding
