GPSTC Exam 2 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.
Probable Cause is the basis: - CORRECT ANSWER - To arrest, to search, to seize
Exclusionary Rule - CORRECT ANSWER - Evidence illegally obtained will not be
admissible in court
Weeks v. United States - CORRECT ANSWER - Established the exclusionary rule in federal
cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in
court.
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was struck down
Mapp v. Ohio - CORRECT ANSWER - Established the exclusionary rule was applicable to
state, county, and local government.
Purpose of Exclusionary Rule - CORRECT ANSWER - To deter police misconduct.
Exclusionary Rule Prohibits - CORRECT ANSWER - 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 - CORRECT ANSWER - good faith, inevitable
discovery, purged taint, independent source
, Independent Source Exception - CORRECT ANSWER - 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 - CORRECT ANSWER - 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: - CORRECT ANSWER - 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
Purged Taint Exception - CORRECT ANSWER - 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 - CORRECT ANSWER - The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact - CORRECT ANSWER - 1) Verbal Encounter 2) Brief
Seizures 3) Arrest
Tier 1 - CORRECT ANSWER - Communication between police and citizens involving no
coercion or detention.
Tier 2 - CORRECT ANSWER - Seizures that must be supported by ARS
Tier 3 - CORRECT ANSWER - Full scale arrest supported by probable cause.
Seizure - CORRECT ANSWER - A governmental termination of movement through means
intentionally applied.
Two types of seizures - CORRECT ANSWER - Actual and Constructive
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.
Probable Cause is the basis: - CORRECT ANSWER - To arrest, to search, to seize
Exclusionary Rule - CORRECT ANSWER - Evidence illegally obtained will not be
admissible in court
Weeks v. United States - CORRECT ANSWER - Established the exclusionary rule in federal
cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in
court.
Wolfe v. Colorado - CORRECT ANSWER - Silver Platter doctrine was struck down
Mapp v. Ohio - CORRECT ANSWER - Established the exclusionary rule was applicable to
state, county, and local government.
Purpose of Exclusionary Rule - CORRECT ANSWER - To deter police misconduct.
Exclusionary Rule Prohibits - CORRECT ANSWER - 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 - CORRECT ANSWER - good faith, inevitable
discovery, purged taint, independent source
, Independent Source Exception - CORRECT ANSWER - 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 - CORRECT ANSWER - 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: - CORRECT ANSWER - 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
Purged Taint Exception - CORRECT ANSWER - 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 - CORRECT ANSWER - The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact - CORRECT ANSWER - 1) Verbal Encounter 2) Brief
Seizures 3) Arrest
Tier 1 - CORRECT ANSWER - Communication between police and citizens involving no
coercion or detention.
Tier 2 - CORRECT ANSWER - Seizures that must be supported by ARS
Tier 3 - CORRECT ANSWER - Full scale arrest supported by probable cause.
Seizure - CORRECT ANSWER - A governmental termination of movement through means
intentionally applied.
Two types of seizures - CORRECT ANSWER - Actual and Constructive
