GPSTC Exam 2- Criminal Procedure
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Probable Cause - CORRECT ANSWER - facts or circumstances that would make a
reasonable or prudent person believe a crime IS being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL - CORRECT ANSWER - facts or
circumstances that make a person believe that a particular person has committed a crime and that
person may be arrested for that crime
Probable Cause to Search - CORRECT ANSWER - facts or circumstances that make an
officer believe that evidence of a crime is now in a particular location and that officer should be
allowed to go and search for that evidence
Probable Cause to Seize - CORRECT ANSWER - acts or circumstances that would lead a
reasonable officer to believe that an item is contraband, is stolen, or constitutes evidence of a
crime
Exclusionary Rule - CORRECT ANSWER - evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
History of Exclusionary Rule - CORRECT ANSWER - 1. Weeks V. United States (1914):
Lottery tickets were seized from home w/out search warrant
, *AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to search
people's property w/out warrant and IF any evidence, to turn it in to Federal Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th amendment
(unreasonable search) and could not be admitted in a STATE court criminal proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule - CORRECT ANSWER - 1. Good Faith Exception:
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
*DOES NOT APPLY IN GEORGIA - CORRECT ANSWER - U.S V. Leon (1984):
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.
*When officers act in "Good Faith" by doing everything he/she can
17-5-30 Motion to Suppress Evidence (GA's stricter law on Good. Faith)
Background:
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Probable Cause - CORRECT ANSWER - facts or circumstances that would make a
reasonable or prudent person believe a crime IS being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL - CORRECT ANSWER - facts or
circumstances that make a person believe that a particular person has committed a crime and that
person may be arrested for that crime
Probable Cause to Search - CORRECT ANSWER - facts or circumstances that make an
officer believe that evidence of a crime is now in a particular location and that officer should be
allowed to go and search for that evidence
Probable Cause to Seize - CORRECT ANSWER - acts or circumstances that would lead a
reasonable officer to believe that an item is contraband, is stolen, or constitutes evidence of a
crime
Exclusionary Rule - CORRECT ANSWER - evidence illegally obtained will not be
admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
History of Exclusionary Rule - CORRECT ANSWER - 1. Weeks V. United States (1914):
Lottery tickets were seized from home w/out search warrant
, *AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to search
people's property w/out warrant and IF any evidence, to turn it in to Federal Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th amendment
(unreasonable search) and could not be admitted in a STATE court criminal proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule - CORRECT ANSWER - 1. Good Faith Exception:
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
*DOES NOT APPLY IN GEORGIA - CORRECT ANSWER - U.S V. Leon (1984):
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.
*When officers act in "Good Faith" by doing everything he/she can
17-5-30 Motion to Suppress Evidence (GA's stricter law on Good. Faith)
Background:
