GPSTC Exam 2 Questions With Complete
Solutions
Exclusionary Rule Prohibits 1. The introduction of evidence seized during an unlawful
search
2. Testimony concerning knowledge acquired from that unlawful search
3. Evidence that flowed from the unlawful search
Exceptions to the Exclusionary Rule good faith, inevitable discovery, purged taint,
independent source
Independent Source Exception The existence of evidence which was not illegally seized
and which in fact provided an independent basis for the discovery of the challenged evidence
Inevitable Discovery Exception Courts generally will not suppress evidence that has been
seized illegally if the government can establish that the evidence inevitably would been
discovered lawfully
Inevitable Discovery prosecution must show: 1) The lawful means, which made the
discovery inevitable, were possessed by the police and 2) were actively being pursued prior to
the occurrence of the illegal conduct
, GPSTC Exam 2 Questions With Complete
Solutions
Purged Taint Exception If the evidence that is to be introduced is so far removed from the
wrong done by the cops then it may be admissible.
Scope The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact 1) Verbal Encounter 2) Brief Seizures 3) Arrest
Tier 1 Communication between police and citizens involving no coercion or detention.
Tier 2 Seizures that must be supported by ARS
Tier 3 Full scale arrest supported by probable cause.
Seizure A governmental termination of movement through means intentionally applied.
Two types of seizures Actual and Constructive
Solutions
Exclusionary Rule Prohibits 1. The introduction of evidence seized during an unlawful
search
2. Testimony concerning knowledge acquired from that unlawful search
3. Evidence that flowed from the unlawful search
Exceptions to the Exclusionary Rule good faith, inevitable discovery, purged taint,
independent source
Independent Source Exception The existence of evidence which was not illegally seized
and which in fact provided an independent basis for the discovery of the challenged evidence
Inevitable Discovery Exception Courts generally will not suppress evidence that has been
seized illegally if the government can establish that the evidence inevitably would been
discovered lawfully
Inevitable Discovery prosecution must show: 1) The lawful means, which made the
discovery inevitable, were possessed by the police and 2) were actively being pursued prior to
the occurrence of the illegal conduct
, GPSTC Exam 2 Questions With Complete
Solutions
Purged Taint Exception If the evidence that is to be introduced is so far removed from the
wrong done by the cops then it may be admissible.
Scope The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact 1) Verbal Encounter 2) Brief Seizures 3) Arrest
Tier 1 Communication between police and citizens involving no coercion or detention.
Tier 2 Seizures that must be supported by ARS
Tier 3 Full scale arrest supported by probable cause.
Seizure A governmental termination of movement through means intentionally applied.
Two types of seizures Actual and Constructive
