UPTP Exam 2 Questions and Answers (Graded A+)
Tests for relevant probable cause - ANSWER-Credibility of source, basis of knowledge, and totality of circumstances Probable Cause that needs corroboration - ANSWER-Anonymous sources, confidential informants Ways to corroborate PC sources - ANSWER-1st hand info, previous reliability, predictable info, statements against interest, degree of detachment Makes PC reliable - ANSWER-Timeliness, how long ago was the info obtained? Helps corroborate PC - ANSWER-Who, what, when, where, how? Exclusionary Rule - ANSWER-Evidence obtained in violation of the 4th amendment is not admissible in court (Fruit of the poisonous tree) Exclusionary Rule exceptions - ANSWER-Standing, Good Faith, Inevitable discovery, impeachment, and foreign searches Standing - ANSWER-Only the defendant with violated 4th rights can benefit, must be proven with REP Good faith - ANSWER-Only applies when an officer reasonably relies on a mistake made by someone else Inevitable discovery - ANSWER-Government proves they would have found the evidence anyway, no need to suppress it because it would have been found anyway Impeachment - ANSWER-When defendants choose to testify, they must testify truthfully or suffer the consequences Foreign searches - ANSWER-4th does not apply to a foreign search as long as it was not solicited by USA How do you obtain an arrest warrant? - ANSWER-Complaint, information, indictment Complaint - ANSWER-Probable cause from a LEO Information - ANSWER-Probable cause from a US attorney
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uptp exam 2 questions and answers graded a
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