Criminal Procedure GPSTC 320/321 UPDATED ACTUAL
Questions and CORRECT Answers
1. probable cause *facts or circumstances* that would make a reason-
able or prudent *person* believe a crime is being or
has been committed.
2. Probable cause to search v probably Two types of probable cause
cause to arrest
3. An arrest without probable cause is illegal
4. PC is the basis for a *legal* search or a *legal* arrest
5. The Exclusionary Rule definition A rule that provides that otherwise admissible evi-
dence cannot be used in a criminal trial if it was the
result of illegal police conduct
ex: illegally searching someone and finding contra-
band does not allow that evidence to be used in court
6. Evidence seized in violation of the Bill of Rights
due process or some provision of
(based on exclusionary
rule)
7. Weeks v. US Case law that established exclusionary rule, evidence
gotten without a warrant isn't admissible in a *federal
court*
Lottery tickets were seized from a home without a SW
8. Wolfe v. Colorado (1949) FEDS would go to *local* oflcers and make them
obtain evidence because the exclusionary rule did
not apply to local and state oflcers
also known as *Silver Platter Doctrine* - was ulti-
mately struck down
, Criminal Procedure GPSTC 320/321 UPDATED ACTUAL
Questions and CORRECT Answers
9. Mapp v. Ohio (1961) Extended the Exclusionary Rule to the states, increas-
ing the protections for defendants.
Illegally obtained evidence could not be used in
state, county, and local govt
Searched Mapp's house with a fake SW for gambling
stuff but she had porn (obscene materials) in her
house
10. Purpose of Exclusionary Rule to deter police misconduct;
to control the behavior of the cops
11. Government Action Any action taken by government oflcials and their
agents (the po-po)
12. Exclusionary Rule only applies to government action
13. The Exclusionary Rule prohibits the 1. The introduction of evidence seized during an un-
following: lawful search
2. Testimony concerning knowledge acquired from
that unlawful search
3. Derivative evidence that flowed from the unlawful
search
14. The **sole** purpose of the exclu- to operate as a deterrent to unlawful conduct by the
sionary rule is : police
15. Exclusionary Rule Exceptions good faith
inevitable discovery
purged taint
independent source
16. The Good Faith Exception : An exception to the exclusionary rule, holding that
evidence seized on the basis of a mistakenly issued
, Criminal Procedure GPSTC 320/321 UPDATED ACTUAL
Questions and CORRECT Answers
search warrant can be introduced at trial if the mis-
take was made in good faith, that is, if all the parties
involved had reason at the time to believe that the
warrant was proper.
*not applicable in GA*
17. independent source exception the essential aspect is the existence of evidence
which was not illegally seized and which in fact pro-
vided an independent basis for the discovery of the
challenged evidence
18. inevitable discovery exception improperly obtained evidence can be used when it
would later have inevitably been discovered without
improper actions by the police
19. 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.
(attenuation)
20. US v. Leon (1984) Created the good faith exception to the exclusionary
rule
The cops did nothing wrong, therefore, the evidence
got to stay
21. Gary v. State (1992) The states have the power to impose higher stan-
dards on searches and seizures than required by the
Federal Constitution if it chooses to do so,
and GA has a statute that restricts govt action (bc no
good faith exception here)
22. Motion to Suppress A request that the court prohibit the use of certain
evidence at the trial.
Questions and CORRECT Answers
1. probable cause *facts or circumstances* that would make a reason-
able or prudent *person* believe a crime is being or
has been committed.
2. Probable cause to search v probably Two types of probable cause
cause to arrest
3. An arrest without probable cause is illegal
4. PC is the basis for a *legal* search or a *legal* arrest
5. The Exclusionary Rule definition A rule that provides that otherwise admissible evi-
dence cannot be used in a criminal trial if it was the
result of illegal police conduct
ex: illegally searching someone and finding contra-
band does not allow that evidence to be used in court
6. Evidence seized in violation of the Bill of Rights
due process or some provision of
(based on exclusionary
rule)
7. Weeks v. US Case law that established exclusionary rule, evidence
gotten without a warrant isn't admissible in a *federal
court*
Lottery tickets were seized from a home without a SW
8. Wolfe v. Colorado (1949) FEDS would go to *local* oflcers and make them
obtain evidence because the exclusionary rule did
not apply to local and state oflcers
also known as *Silver Platter Doctrine* - was ulti-
mately struck down
, Criminal Procedure GPSTC 320/321 UPDATED ACTUAL
Questions and CORRECT Answers
9. Mapp v. Ohio (1961) Extended the Exclusionary Rule to the states, increas-
ing the protections for defendants.
Illegally obtained evidence could not be used in
state, county, and local govt
Searched Mapp's house with a fake SW for gambling
stuff but she had porn (obscene materials) in her
house
10. Purpose of Exclusionary Rule to deter police misconduct;
to control the behavior of the cops
11. Government Action Any action taken by government oflcials and their
agents (the po-po)
12. Exclusionary Rule only applies to government action
13. The Exclusionary Rule prohibits the 1. The introduction of evidence seized during an un-
following: lawful search
2. Testimony concerning knowledge acquired from
that unlawful search
3. Derivative evidence that flowed from the unlawful
search
14. The **sole** purpose of the exclu- to operate as a deterrent to unlawful conduct by the
sionary rule is : police
15. Exclusionary Rule Exceptions good faith
inevitable discovery
purged taint
independent source
16. The Good Faith Exception : An exception to the exclusionary rule, holding that
evidence seized on the basis of a mistakenly issued
, Criminal Procedure GPSTC 320/321 UPDATED ACTUAL
Questions and CORRECT Answers
search warrant can be introduced at trial if the mis-
take was made in good faith, that is, if all the parties
involved had reason at the time to believe that the
warrant was proper.
*not applicable in GA*
17. independent source exception the essential aspect is the existence of evidence
which was not illegally seized and which in fact pro-
vided an independent basis for the discovery of the
challenged evidence
18. inevitable discovery exception improperly obtained evidence can be used when it
would later have inevitably been discovered without
improper actions by the police
19. 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.
(attenuation)
20. US v. Leon (1984) Created the good faith exception to the exclusionary
rule
The cops did nothing wrong, therefore, the evidence
got to stay
21. Gary v. State (1992) The states have the power to impose higher stan-
dards on searches and seizures than required by the
Federal Constitution if it chooses to do so,
and GA has a statute that restricts govt action (bc no
good faith exception here)
22. Motion to Suppress A request that the court prohibit the use of certain
evidence at the trial.
