GPSTC EXAM 1 GA CRIMINAL LAW ACTUAL
QUESTIONS AND CORRECT ANSWERS
VERIFIED FULL SOLUTION GRADED A+
⩥ Probable cause to search v probably cause to arrest.
Answer: Two types of probable cause
⩥ An arrest without probable cause is.
Answer: illegal
⩥ PC is the basis for.
Answer: a *legal* search or a *legal* arrest
⩥ The Exclusionary Rule definition.
Answer: A rule that provides that otherwise admissible evidence
cannot be used in a criminal trial if it was the result of illegal
police conduct
ex: illegally searching someone and finding contraband does not
allow that evidence to be used in court
,⩥ Evidence seized in violation of due process or some provision
of ___________ (based on exclusionary rule).
Answer: the Bill of Rights
⩥ Weeks v. US.
Answer: 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
⩥ Wolfe v. Colorado (1949).
Answer: FEDS would go to *local* officers and make them
obtain evidence because the exclusionary rule did not apply to
local and state officers
also known as *Silver Platter Doctrine* - was ultimately struck
down
⩥ Mapp v. Ohio (1961).
Answer: Extended the Exclusionary Rule to the states,
increasing 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
⩥ Purpose of Exclusionary Rule.
Answer: to deter police misconduct;
to control the behavior of the cops
⩥ Government Action.
Answer: Any action taken by government officials and their
agents (the po-po)
⩥ Exclusionary Rule _________.
Answer: only applies to government action
⩥ The Exclusionary Rule prohibits the following:.
Answer: 1. The introduction of evidence seized during an
unlawful search
2. Testimony concerning knowledge acquired from that unlawful
search
3. Derivative evidence that flowed from the unlawful search
, ⩥ The **sole** purpose of the exclusionary rule is :.
Answer: to operate as a deterrent to unlawful conduct by the
police
⩥ Exclusionary Rule Exceptions.
Answer: good faith
inevitable discovery
purged taint
independent source
⩥ The Good Faith Exception :.
Answer: An exception to the exclusionary rule, holding that
evidence seized on the basis of a mistakenly issued search
warrant can be introduced at trial if the mistake 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*
⩥ independent source exception.
QUESTIONS AND CORRECT ANSWERS
VERIFIED FULL SOLUTION GRADED A+
⩥ Probable cause to search v probably cause to arrest.
Answer: Two types of probable cause
⩥ An arrest without probable cause is.
Answer: illegal
⩥ PC is the basis for.
Answer: a *legal* search or a *legal* arrest
⩥ The Exclusionary Rule definition.
Answer: A rule that provides that otherwise admissible evidence
cannot be used in a criminal trial if it was the result of illegal
police conduct
ex: illegally searching someone and finding contraband does not
allow that evidence to be used in court
,⩥ Evidence seized in violation of due process or some provision
of ___________ (based on exclusionary rule).
Answer: the Bill of Rights
⩥ Weeks v. US.
Answer: 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
⩥ Wolfe v. Colorado (1949).
Answer: FEDS would go to *local* officers and make them
obtain evidence because the exclusionary rule did not apply to
local and state officers
also known as *Silver Platter Doctrine* - was ultimately struck
down
⩥ Mapp v. Ohio (1961).
Answer: Extended the Exclusionary Rule to the states,
increasing 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
⩥ Purpose of Exclusionary Rule.
Answer: to deter police misconduct;
to control the behavior of the cops
⩥ Government Action.
Answer: Any action taken by government officials and their
agents (the po-po)
⩥ Exclusionary Rule _________.
Answer: only applies to government action
⩥ The Exclusionary Rule prohibits the following:.
Answer: 1. The introduction of evidence seized during an
unlawful search
2. Testimony concerning knowledge acquired from that unlawful
search
3. Derivative evidence that flowed from the unlawful search
, ⩥ The **sole** purpose of the exclusionary rule is :.
Answer: to operate as a deterrent to unlawful conduct by the
police
⩥ Exclusionary Rule Exceptions.
Answer: good faith
inevitable discovery
purged taint
independent source
⩥ The Good Faith Exception :.
Answer: An exception to the exclusionary rule, holding that
evidence seized on the basis of a mistakenly issued search
warrant can be introduced at trial if the mistake 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*
⩥ independent source exception.