GPSTC EXAM 2- CRIMINAL PROCEDURE |
2026 UPDATE | QUESTIONS AND
ANSWERS 100% CORRECT
Probable Cause - ANSWERS-facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been
committed
Exclusionary Rule - ANSWERS-evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
Purpose of the exclusionary rule - ANSWERS-to deter police misconduct and
control behavior of LEO's
Fruit of the Poisonous Tree - ANSWERS-Prohibits evidence seized during an
unlawful search, testimony concerning knowledge acquired from that
unlawful search, and derivative evidence that flowed from the unlawful
search
Exceptions to the Exclusionary Rule - ANSWERS-1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - ANSWERS-GA
,Missouri v. Seibert - ANSWERS-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 Mirandize her. Officer Hanrahan obtained a confession, gave her a
break, and returned to give her Miranda warnings and resumed questioning
again. Officer did this on purpose and Seibert moved to suppress. Case was
thrown out.
Weeks v. US - ANSWERS-Lottery tickets seized from home w/o a search
warrant
Wolfe v. Colorado - ANSWERS-Silver Platter doctrine was shut down
Silver Platter Doctrine - ANSWERS-Federal agents would go to local officers
b/c the Exclusionary Rule DID NOT apply to local officers, and would ask
them to search people's homes/vehicles w/o a search warrant and if they
found any evidence, they would turn it over to the federal agents
Mapp v. OH - ANSWERS-Evidence obtained in violation of the 4th
amendment could not be admitted in a STATE court criminal proceeding. The
exclusionary rule has now been applied to state, county, and local gov't
US v. Leon - ANSWERS-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.
Brewer v. Williams - ANSWERS-10 yr old girl went missing; Williams
abducted her; "Christian Burial Speech"; This case established the
INEVITABLE DISCOVERY EXCEPTION
Wong Sun v. US - ANSWERS-Under the Purged Taint Exception
, After his unlawful arrest (Taint), Wong Sun had been lawfully arraigned and
released. He had returned voluntarily (Purged) when he made an unsigned
statement and therefore it was properly admitted in evidence
Oregon v. Elstad - ANSWERS-Gross home was burglarized; 18 year old
neighbor Elstad admitted to officer he was there. Elstad was taken in for
questioning. Oregon court concluded his initial unconstitutionally obtained
statement was inadmissible. *Always read Miranda before questioning
Scope - ANSWERS-The range of one's authority, breadth, or opportunity to
function
ex: boundary or limits imposed by the size or nature of the items
Tier 1 - ANSWERS-Verbal Encounter
Tier 2 - ANSWERS-Brief Seizure
Must have ARS
Tier 3 - ANSWERS-Arrest
Must have PC
Arrest - ANSWERS-restricting someone's movement
Elements of an arrest - ANSWERS-Intent
Seizure
Communication/Understanding
2026 UPDATE | QUESTIONS AND
ANSWERS 100% CORRECT
Probable Cause - ANSWERS-facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been
committed
Exclusionary Rule - ANSWERS-evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
Purpose of the exclusionary rule - ANSWERS-to deter police misconduct and
control behavior of LEO's
Fruit of the Poisonous Tree - ANSWERS-Prohibits evidence seized during an
unlawful search, testimony concerning knowledge acquired from that
unlawful search, and derivative evidence that flowed from the unlawful
search
Exceptions to the Exclusionary Rule - ANSWERS-1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - ANSWERS-GA
,Missouri v. Seibert - ANSWERS-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 Mirandize her. Officer Hanrahan obtained a confession, gave her a
break, and returned to give her Miranda warnings and resumed questioning
again. Officer did this on purpose and Seibert moved to suppress. Case was
thrown out.
Weeks v. US - ANSWERS-Lottery tickets seized from home w/o a search
warrant
Wolfe v. Colorado - ANSWERS-Silver Platter doctrine was shut down
Silver Platter Doctrine - ANSWERS-Federal agents would go to local officers
b/c the Exclusionary Rule DID NOT apply to local officers, and would ask
them to search people's homes/vehicles w/o a search warrant and if they
found any evidence, they would turn it over to the federal agents
Mapp v. OH - ANSWERS-Evidence obtained in violation of the 4th
amendment could not be admitted in a STATE court criminal proceeding. The
exclusionary rule has now been applied to state, county, and local gov't
US v. Leon - ANSWERS-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.
Brewer v. Williams - ANSWERS-10 yr old girl went missing; Williams
abducted her; "Christian Burial Speech"; This case established the
INEVITABLE DISCOVERY EXCEPTION
Wong Sun v. US - ANSWERS-Under the Purged Taint Exception
, After his unlawful arrest (Taint), Wong Sun had been lawfully arraigned and
released. He had returned voluntarily (Purged) when he made an unsigned
statement and therefore it was properly admitted in evidence
Oregon v. Elstad - ANSWERS-Gross home was burglarized; 18 year old
neighbor Elstad admitted to officer he was there. Elstad was taken in for
questioning. Oregon court concluded his initial unconstitutionally obtained
statement was inadmissible. *Always read Miranda before questioning
Scope - ANSWERS-The range of one's authority, breadth, or opportunity to
function
ex: boundary or limits imposed by the size or nature of the items
Tier 1 - ANSWERS-Verbal Encounter
Tier 2 - ANSWERS-Brief Seizure
Must have ARS
Tier 3 - ANSWERS-Arrest
Must have PC
Arrest - ANSWERS-restricting someone's movement
Elements of an arrest - ANSWERS-Intent
Seizure
Communication/Understanding
