Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
1. Definition of probable facts or circumstances that would make a reasonable or prudent person
cause believe a crime is being or has been committed
2. What is probable to arrest
cause the basis of? to search
(three things) to seize
3. What does probable facts or circumstances that a particular person has committed a crime and
cause to arrest refer that person may be ARRESTED for that crime
to?
4. What does probable facts or circumstances that make an oflcer believe that evidence of a crime
cause to search refer is now in a particular location and that oflcer should be allowed to go and
to? SEARCH for that evidence
5. What does probable facts and circumstances that would lead a reasonable oflcer to believe
cause to seize refer to? that an item is contraband is stolen or constitutes evidence of a crime
6. Is an arrest without illegal
probable cause legal
or illegal?
7. Probable cause is the legal search; legal arrest
basis for a
or a
.
8. what is the exclusion- evidence illegally obtained will not be admissible in court
ary rule?
9. evidence seized ille- due process of the 14th amendment, or some provision of the Bill of Rights
gally violated what
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
clause of what amend-
ment?
10. Cases involved in the Weeks v. United States (1914)
history of the exclu- Wolfe v. Colorado (1949)
sionary rule Mapp v. Ohio (1961)
11. What did Weeks v. exclusionary rule at this time only applied to the actions of the federal
United States (1914) af- government;
firm?
before this decision the courts admitted illegally seized material as evi-
dence to avoid allowing guilty parties to go free
12. Facts of the case in lottery tickets and related documents were seized from Weeks's home
Weeks v. United States without a search warrant
13. In Weeks v. United if the evidence obtained was admitted, it would reduce the 4th amend-
States, what did they ment to a form of words without the use of the exclusionary rule.
say about the 4th
amendment?
14. Were the documents no, they fell under the exclusionary rule and the decision was overturned.
admissible in court in
Weeks v. United States
after the appeal?
15. What did Wolfe v. Col- that the 4th and 14th amendment not only applies to federal oflcers, but
orado (1949) affirm? state oflcers as well
16. What doctrine was silver platter doctrine
struck down in Wolfe
v. Colorado?
17.
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
What were federal would go to local oflcers, knowing the exclusionary rule didn't apply
agents doing with the to local oflcers, and ask them to search people's homes, vehicles, etc.
silver platter doctrine? without a warrant and turn over any evidence found to the federal agents.
("on a silver platter")
18. What did Mapp v. Ohio evidence obtained in violation of the 4th amendment could NOT be ad-
(1961) affirm? mitted in a state court criminal proceeding, and
establishing the exclusionary rule applies to EVERYONE
19. What was the Ohio Possession of Pornography (felony)
statute violated in
Mapp v. Ohio?
20. What is the purpose of to deter police misconduct;
the exclusionary rule?
to control the behavior of the cops
21. definition of govern- any action taken by government oflcials and their agents
ment action
22. Who does the exclu- government action; federal, state, county, and local oflcers alike
sionary rule apply to?
23. What three things 1. The introduction of evidence seized during an unlawful search
does the exclusionary 2. Testimony concerning knowledge acquired from that unlawful search
rule prohibit? 3. Derivative evidence that flowed from the unlawful search
24. What are 4 excep- 1. Good faith
tions to the exclusion- 2. Independent source
ary rule (NOTE: there 3. Inevitable discovery
are more, but only 4. Purged taint
what we went over in
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
class for purpose of
this review)
25. What is the good faith If oflcers had reasonable, good faith belief that they were acting ac-
exception to the exclu- cording to legal authority, such as by relying on a search warrant that is
sionary rule? later found to have been legally defective, the illegally seized evidence is
admissible under this rule.
26. What court case gave US v. Leon (1984)
us the good faith ex-
ception?
27. Facts of the case in US a search warrant was executed based on an afldavit signed by a judge
v. Leon 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
oflcers had good faith executing the search warrant, they are not expected
to question the judge's decision
28. Does the Good Faith No
Exception apply in
Georgia?
29. Why can Georgia de- The US Supreme Court gave states the power to impose higher standards
cide not to allow the on searches and seizures than required by the Constitution
good faith exception?
30. What does Georgia's rests not on a constitutional right; rests on the statute passed by the
Supreme Court say legislature and we simply hold that the courts are bound by that statute
about the good faith
exception? Burden on proving lawfulness of a warrant IS on the state; not solely on
the judge
and CORRECT Answers
1. Definition of probable facts or circumstances that would make a reasonable or prudent person
cause believe a crime is being or has been committed
2. What is probable to arrest
cause the basis of? to search
(three things) to seize
3. What does probable facts or circumstances that a particular person has committed a crime and
cause to arrest refer that person may be ARRESTED for that crime
to?
4. What does probable facts or circumstances that make an oflcer believe that evidence of a crime
cause to search refer is now in a particular location and that oflcer should be allowed to go and
to? SEARCH for that evidence
5. What does probable facts and circumstances that would lead a reasonable oflcer to believe
cause to seize refer to? that an item is contraband is stolen or constitutes evidence of a crime
6. Is an arrest without illegal
probable cause legal
or illegal?
7. Probable cause is the legal search; legal arrest
basis for a
or a
.
8. what is the exclusion- evidence illegally obtained will not be admissible in court
ary rule?
9. evidence seized ille- due process of the 14th amendment, or some provision of the Bill of Rights
gally violated what
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
clause of what amend-
ment?
10. Cases involved in the Weeks v. United States (1914)
history of the exclu- Wolfe v. Colorado (1949)
sionary rule Mapp v. Ohio (1961)
11. What did Weeks v. exclusionary rule at this time only applied to the actions of the federal
United States (1914) af- government;
firm?
before this decision the courts admitted illegally seized material as evi-
dence to avoid allowing guilty parties to go free
12. Facts of the case in lottery tickets and related documents were seized from Weeks's home
Weeks v. United States without a search warrant
13. In Weeks v. United if the evidence obtained was admitted, it would reduce the 4th amend-
States, what did they ment to a form of words without the use of the exclusionary rule.
say about the 4th
amendment?
14. Were the documents no, they fell under the exclusionary rule and the decision was overturned.
admissible in court in
Weeks v. United States
after the appeal?
15. What did Wolfe v. Col- that the 4th and 14th amendment not only applies to federal oflcers, but
orado (1949) affirm? state oflcers as well
16. What doctrine was silver platter doctrine
struck down in Wolfe
v. Colorado?
17.
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
What were federal would go to local oflcers, knowing the exclusionary rule didn't apply
agents doing with the to local oflcers, and ask them to search people's homes, vehicles, etc.
silver platter doctrine? without a warrant and turn over any evidence found to the federal agents.
("on a silver platter")
18. What did Mapp v. Ohio evidence obtained in violation of the 4th amendment could NOT be ad-
(1961) affirm? mitted in a state court criminal proceeding, and
establishing the exclusionary rule applies to EVERYONE
19. What was the Ohio Possession of Pornography (felony)
statute violated in
Mapp v. Ohio?
20. What is the purpose of to deter police misconduct;
the exclusionary rule?
to control the behavior of the cops
21. definition of govern- any action taken by government oflcials and their agents
ment action
22. Who does the exclu- government action; federal, state, county, and local oflcers alike
sionary rule apply to?
23. What three things 1. The introduction of evidence seized during an unlawful search
does the exclusionary 2. Testimony concerning knowledge acquired from that unlawful search
rule prohibit? 3. Derivative evidence that flowed from the unlawful search
24. What are 4 excep- 1. Good faith
tions to the exclusion- 2. Independent source
ary rule (NOTE: there 3. Inevitable discovery
are more, but only 4. Purged taint
what we went over in
, Test 2 Review - GPSTC Cherokee UPDATED ACTUAL Questions
and CORRECT Answers
class for purpose of
this review)
25. What is the good faith If oflcers had reasonable, good faith belief that they were acting ac-
exception to the exclu- cording to legal authority, such as by relying on a search warrant that is
sionary rule? later found to have been legally defective, the illegally seized evidence is
admissible under this rule.
26. What court case gave US v. Leon (1984)
us the good faith ex-
ception?
27. Facts of the case in US a search warrant was executed based on an afldavit signed by a judge
v. Leon 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
oflcers had good faith executing the search warrant, they are not expected
to question the judge's decision
28. Does the Good Faith No
Exception apply in
Georgia?
29. Why can Georgia de- The US Supreme Court gave states the power to impose higher standards
cide not to allow the on searches and seizures than required by the Constitution
good faith exception?
30. What does Georgia's rests not on a constitutional right; rests on the statute passed by the
Supreme Court say legislature and we simply hold that the courts are bound by that statute
about the good faith
exception? Burden on proving lawfulness of a warrant IS on the state; not solely on
the judge
