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Exam (elaborations)

GPSTC Exam 2 Questions and Answers 100% Pass

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GPSTC Exam 2 Questions and Answers 100% Pass Probable Cause - 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: - To arrest, to search, to seize Exclusionary Rule - Evidence illegally obtained will not be admissible in court Weeks v. United States - Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court. Wolfe v. Colorado - Silver Platter doctrine was struck down Mapp v. Ohio - Established the exclusionary rule was applicable to state, county, and local government. Purpose of Exclusionary Rule - To deter police misconduct. 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 2COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 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)

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GPSTC Exam 2 Questions and
Answers 100% Pass

Probable Cause - ✔✔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: - ✔✔To arrest, to search, to seize

Exclusionary Rule - ✔✔Evidence illegally obtained will not be admissible in court

Weeks v. United States - ✔✔Established the exclusionary rule in federal cases.
Prohibited evidence obtained by illegal searches and seizures from being admitted in
court.

Wolfe v. Colorado - ✔✔Silver Platter doctrine was struck down

Mapp v. Ohio - ✔✔Established the exclusionary rule was applicable to state, county,
and local government.

Purpose of Exclusionary Rule - ✔✔To deter police misconduct.

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




COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 1

, 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

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




COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2

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