Criminal Procedure GPSTC 320/321 UPDATED Questions and
CORRECT Answers
1. Weeks v. US Case law that established exclusionary rule, evidence gotten without a warrant
isn't admissible in a *federal court*
Lottery tickets were seized from a home without a SW
2. Wolfe v. Colorado FEDS would go to *local* oflcers and make them obtain evidence because the
(1949) exclusionary rule did not apply to local and state oflcers
also known as *Silver Platter Doctrine* - was ultimately struck down
3. Mapp v. Ohio Extended the Exclusionary Rule to the states, increasing the protections for de-
(1961) fendants.
Illegally obtained evidence could not be used in state, county, and local govt
Searched Mapp's house with a fake SW for gambling stuff but she had porn
(obscene materials) in her house
4. Government Ac- Any action taken by government oflcials and their agents (the po-po)
tion
5. Exclusionary Rule only applies to government action
6. The Exclusion- 1. The introduction of evidence seized during an unlawful search
ary Rule prohibits 2. Testimony concerning knowledge acquired from that unlawful search
the following: 3. Derivative evidence that flowed from the unlawful search
7. Exclusionary Rule good faith
Exceptions inevitable discovery
purged taint
independent source
8. The Good Faith An exception to the exclusionary rule, holding that evidence seized on the basis
Exception : of a mistakenly issued search warrant can be introduced at trial if the mistake was
made in good faith, that is, if all the parties involved had reason at the time to
, Criminal Procedure GPSTC 320/321 UPDATED Questions and
CORRECT Answers
believe that the warrant was proper.
*not applicable in GA*
9. independent the essential aspect is the existence of evidence which was not illegally seized and
source exception which in fact provided an independent basis for the discovery of the challenged
evidence
10. inevitable discov- improperly obtained evidence can be used when it would later have inevitably
ery exception been discovered without improper actions by the police
11. Purged Taint Ex- If the evidence that is to be introduced is so far removed from the wrong done by
ception the cops then it may be admissible.
(attenuation)
12. US v. Leon (1984) Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
13. Motion to Sup- A request that the court prohibit the use of certain evidence at the trial.
press 1. the search and seizure was illegal
2. the search and seizure with a warrant was illegal because the warrant is
insuflcient on its face, there was not probable cause for the issuance of the
warrant, or the warrant was illegally executed
14. Burden of Proof the state
is on
15. Independent the source of evidence must be independent of the initial illegal action taken
Source Example place.
ex: prints from illegal arrest thrown out, but prints from a prior legal arrest can be
used
16. inevitable discov- impossible to avoid or prevent ; an unavoidable event
ery example - requires only that the evidence hypothetically would have been seized through
some legal means
, Criminal Procedure GPSTC 320/321 UPDATED Questions and
CORRECT Answers
must be actively pursuing means of discovery
ex: *Christian Burial Case*
17. Brewer v. Called the Christian Burial Speech
Williams (1977) *inevitable discovery*
18. Fruit of the Poi- A legal principle that excludes from introduction at trial any evidence later devel-
sonous Tree Doc- oped as a result of an illegal search or seizure.
trine
19. the prosecution 11th circuit standard
must show on 1. the lawful means which made the discovery inevitable, were possessed by the
inevitable discov- police, and
ery: 2. were actively being pursued prior to the occurrence of the illegal conduct
20. attenuate to reduce in force or degree; to weaken
21. Missouri v. Seib- Facts: Patrice Siebert convicted of 2nd degree murder from fire ’confession before
ert (2004) read Miranda Rights ’read rights, pressured to re-confess
Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't
read Miranda rights and received confession?
Rule: Oregon v. Elstad (un-Mirandized confession is admissible)
Conclusion: No, Rule does not apply, violation
22. scope the range of one's authority, breadth, or opportunity to function.
example: the boundary or limits of a search warrant
23. Intent of arrest What is the offcs intent?
Do you intend to arrest?
CORRECT Answers
1. Weeks v. US Case law that established exclusionary rule, evidence gotten without a warrant
isn't admissible in a *federal court*
Lottery tickets were seized from a home without a SW
2. Wolfe v. Colorado FEDS would go to *local* oflcers and make them obtain evidence because the
(1949) exclusionary rule did not apply to local and state oflcers
also known as *Silver Platter Doctrine* - was ultimately struck down
3. Mapp v. Ohio Extended the Exclusionary Rule to the states, increasing the protections for de-
(1961) fendants.
Illegally obtained evidence could not be used in state, county, and local govt
Searched Mapp's house with a fake SW for gambling stuff but she had porn
(obscene materials) in her house
4. Government Ac- Any action taken by government oflcials and their agents (the po-po)
tion
5. Exclusionary Rule only applies to government action
6. The Exclusion- 1. The introduction of evidence seized during an unlawful search
ary Rule prohibits 2. Testimony concerning knowledge acquired from that unlawful search
the following: 3. Derivative evidence that flowed from the unlawful search
7. Exclusionary Rule good faith
Exceptions inevitable discovery
purged taint
independent source
8. The Good Faith An exception to the exclusionary rule, holding that evidence seized on the basis
Exception : of a mistakenly issued search warrant can be introduced at trial if the mistake was
made in good faith, that is, if all the parties involved had reason at the time to
, Criminal Procedure GPSTC 320/321 UPDATED Questions and
CORRECT Answers
believe that the warrant was proper.
*not applicable in GA*
9. independent the essential aspect is the existence of evidence which was not illegally seized and
source exception which in fact provided an independent basis for the discovery of the challenged
evidence
10. inevitable discov- improperly obtained evidence can be used when it would later have inevitably
ery exception been discovered without improper actions by the police
11. Purged Taint Ex- If the evidence that is to be introduced is so far removed from the wrong done by
ception the cops then it may be admissible.
(attenuation)
12. US v. Leon (1984) Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
13. Motion to Sup- A request that the court prohibit the use of certain evidence at the trial.
press 1. the search and seizure was illegal
2. the search and seizure with a warrant was illegal because the warrant is
insuflcient on its face, there was not probable cause for the issuance of the
warrant, or the warrant was illegally executed
14. Burden of Proof the state
is on
15. Independent the source of evidence must be independent of the initial illegal action taken
Source Example place.
ex: prints from illegal arrest thrown out, but prints from a prior legal arrest can be
used
16. inevitable discov- impossible to avoid or prevent ; an unavoidable event
ery example - requires only that the evidence hypothetically would have been seized through
some legal means
, Criminal Procedure GPSTC 320/321 UPDATED Questions and
CORRECT Answers
must be actively pursuing means of discovery
ex: *Christian Burial Case*
17. Brewer v. Called the Christian Burial Speech
Williams (1977) *inevitable discovery*
18. Fruit of the Poi- A legal principle that excludes from introduction at trial any evidence later devel-
sonous Tree Doc- oped as a result of an illegal search or seizure.
trine
19. the prosecution 11th circuit standard
must show on 1. the lawful means which made the discovery inevitable, were possessed by the
inevitable discov- police, and
ery: 2. were actively being pursued prior to the occurrence of the illegal conduct
20. attenuate to reduce in force or degree; to weaken
21. Missouri v. Seib- Facts: Patrice Siebert convicted of 2nd degree murder from fire ’confession before
ert (2004) read Miranda Rights ’read rights, pressured to re-confess
Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't
read Miranda rights and received confession?
Rule: Oregon v. Elstad (un-Mirandized confession is admissible)
Conclusion: No, Rule does not apply, violation
22. scope the range of one's authority, breadth, or opportunity to function.
example: the boundary or limits of a search warrant
23. Intent of arrest What is the offcs intent?
Do you intend to arrest?
