Criminal Procedure & Use of Force Test 2
GPSTC ACTUAL Questions and
CORRECT Answers
Weeks v. US - CORRECT ANSWER - Established the Exclusionary Rule for Fed Cases
Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was shut down but
exclusionary rule still only applied to Fed Courts
Silver Platter Doctrine - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 10 yr old girl went missing; Williams
abducted her; "There was a snow storm a brewin" "Christian Burial Speech"; This case
established the INEVITABLE DISCOVERY EXCEPTION
Wong Sun v. US - CORRECT ANSWER - "Sun Shined on the taint" 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 - CORRECT ANSWER - "Mirandize befor questioning OrHEGone out
of custody." 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
Probable Cause - CORRECT ANSWER - facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been committed
Exclusionary Rule - CORRECT ANSWER - evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
Purpose of the exclusionary rule - CORRECT ANSWER - to deter police misconduct and
control behavior of LEO's
Fruit of the Poisonous Tree - CORRECT ANSWER - 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 - CORRECT ANSWER - 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - CORRECT ANSWER - GA
Missouri v. Seibert - CORRECT ANSWER - "Missery stricken in fire deaths" 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.
Scope - CORRECT ANSWER - 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 - CORRECT ANSWER - Verbal Encounter
Tier 2 - CORRECT ANSWER - Brief Seizure
Must have ARS
Tier 3 - CORRECT ANSWER - Arrest
Must have PC
Arrest - CORRECT ANSWER - restricting someone's movement
Elements of an arrest - CORRECT ANSWER - Intent
Seizure
Communication/Understanding
Seizure - CORRECT ANSWER - Gov't termination of movement through means
intentionally applied
2 types of seizures - CORRECT ANSWER - Actual
Constructive
Actual Seizure - CORRECT ANSWER - Physical Force
GPSTC ACTUAL Questions and
CORRECT Answers
Weeks v. US - CORRECT ANSWER - Established the Exclusionary Rule for Fed Cases
Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was shut down but
exclusionary rule still only applied to Fed Courts
Silver Platter Doctrine - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 10 yr old girl went missing; Williams
abducted her; "There was a snow storm a brewin" "Christian Burial Speech"; This case
established the INEVITABLE DISCOVERY EXCEPTION
Wong Sun v. US - CORRECT ANSWER - "Sun Shined on the taint" 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 - CORRECT ANSWER - "Mirandize befor questioning OrHEGone out
of custody." 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
Probable Cause - CORRECT ANSWER - facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been committed
Exclusionary Rule - CORRECT ANSWER - evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
Purpose of the exclusionary rule - CORRECT ANSWER - to deter police misconduct and
control behavior of LEO's
Fruit of the Poisonous Tree - CORRECT ANSWER - 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 - CORRECT ANSWER - 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - CORRECT ANSWER - GA
Missouri v. Seibert - CORRECT ANSWER - "Missery stricken in fire deaths" 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.
Scope - CORRECT ANSWER - 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 - CORRECT ANSWER - Verbal Encounter
Tier 2 - CORRECT ANSWER - Brief Seizure
Must have ARS
Tier 3 - CORRECT ANSWER - Arrest
Must have PC
Arrest - CORRECT ANSWER - restricting someone's movement
Elements of an arrest - CORRECT ANSWER - Intent
Seizure
Communication/Understanding
Seizure - CORRECT ANSWER - Gov't termination of movement through means
intentionally applied
2 types of seizures - CORRECT ANSWER - Actual
Constructive
Actual Seizure - CORRECT ANSWER - Physical Force
