Criminal Procedure Test 2 GPSTC
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Weeks v. US - CORRECT ANSWER - Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was shut down
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; "Christian Burial Speech"; This case established the INEVITABLE DISCOVERY
EXCEPTION
Wong Sun v. US - CORRECT ANSWER - 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 - 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 - 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
Constructive Seizure - CORRECT ANSWER - Show of Authority
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Weeks v. US - CORRECT ANSWER - Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was shut down
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; "Christian Burial Speech"; This case established the INEVITABLE DISCOVERY
EXCEPTION
Wong Sun v. US - CORRECT ANSWER - 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 - 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 - 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
Constructive Seizure - CORRECT ANSWER - Show of Authority
