Criminal Procedure Test 2 GPSTC
Questions and Answers
Weeks v. US - Answers -Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - Answers -Silver Platter doctrine was shut down
Silver Platter Doctrine - Answers -Federal agents would go to local officers b/c the
Exclusionary Rule DID NOT apply to local officers, and would ask them to search
people's homes/vehicles w/o a search warrant and if they found any evidence, they
would turn it over to the federal agents
Mapp v. OH - Answers -Evidence obtained in violation of the 4th amendment could not
be admitted in a STATE court criminal proceeding. The exclusionary rule has now been
applied to state, county, and local gov't
US v. Leon - Answers -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.
Brewer v. Williams - Answers -10 yr old girl went missing; Williams abducted her;
"Christian Burial Speech"; This case established the INEVITABLE DISCOVERY
EXCEPTION
Wong Sun v. US - Answers -Under the Purged Taint Exception
After his unlawful arrest (Taint), Wong Sun had been lawfully arraigned and released.
He had returned voluntarily (Purged) when he made an unsigned statement and
therefore it was properly admitted in evidence
Oregon v. Elstad - Answers -Gross home was burglarized; 18 year old neighbor Elstad
admitted to officer he was there. Elstad was taken in for questioning. Oregon court
concluded his initial unconstitutionally obtained statement was inadmissible. *Always
read Miranda before questioning
Probable Cause - Answers -facts or circumstances that would make a reasonable or
prudent person believe a crime is being or has been committed
Exclusionary Rule - Answers -evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
, Purpose of the exclusionary rule - Answers -to deter police misconduct and control
behavior of LEO's
Fruit of the Poisonous Tree - Answers -Prohibits evidence seized during an unlawful
search, testimony concerning knowledge acquired from that unlawful search, and
derivative evidence that flowed from the unlawful search
Exceptions to the Exclusionary Rule - Answers -1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - Answers -GA
Missouri v. Seibert - Answers -Seibert's son w/ cerebral palsy died in his sleep and
Donald, an unrelated mentally ill person living with the family, was also left to die in the
fire to cover up son's death. LEO's arrested Seibert, but did not Mirandize her. Officer
Hanrahan obtained a confession, gave her a break, and returned to give her Miranda
warnings and resumed questioning again. Officer did this on purpose and Seibert
moved to suppress. Case was thrown out.
Scope - Answers -The range of one's authority, breadth, or opportunity to function
ex: boundary or limits imposed by the size or nature of the items
Tier 1 - Answers -Verbal Encounter
Tier 2 - Answers -Brief Seizure
Must have ARS
Tier 3 - Answers -Arrest
Must have PC
Arrest - Answers -restricting someone's movement
Elements of an arrest - Answers -Intent
Seizure
Communication/Understanding
Seizure - Answers -Gov't termination of movement through means intentionally applied
2 types of seizures - Answers -Actual
Constructive
Actual Seizure - Answers -Physical Force
Constructive Seizure - Answers -Show of Authority
Questions and Answers
Weeks v. US - Answers -Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - Answers -Silver Platter doctrine was shut down
Silver Platter Doctrine - Answers -Federal agents would go to local officers b/c the
Exclusionary Rule DID NOT apply to local officers, and would ask them to search
people's homes/vehicles w/o a search warrant and if they found any evidence, they
would turn it over to the federal agents
Mapp v. OH - Answers -Evidence obtained in violation of the 4th amendment could not
be admitted in a STATE court criminal proceeding. The exclusionary rule has now been
applied to state, county, and local gov't
US v. Leon - Answers -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.
Brewer v. Williams - Answers -10 yr old girl went missing; Williams abducted her;
"Christian Burial Speech"; This case established the INEVITABLE DISCOVERY
EXCEPTION
Wong Sun v. US - Answers -Under the Purged Taint Exception
After his unlawful arrest (Taint), Wong Sun had been lawfully arraigned and released.
He had returned voluntarily (Purged) when he made an unsigned statement and
therefore it was properly admitted in evidence
Oregon v. Elstad - Answers -Gross home was burglarized; 18 year old neighbor Elstad
admitted to officer he was there. Elstad was taken in for questioning. Oregon court
concluded his initial unconstitutionally obtained statement was inadmissible. *Always
read Miranda before questioning
Probable Cause - Answers -facts or circumstances that would make a reasonable or
prudent person believe a crime is being or has been committed
Exclusionary Rule - Answers -evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
, Purpose of the exclusionary rule - Answers -to deter police misconduct and control
behavior of LEO's
Fruit of the Poisonous Tree - Answers -Prohibits evidence seized during an unlawful
search, testimony concerning knowledge acquired from that unlawful search, and
derivative evidence that flowed from the unlawful search
Exceptions to the Exclusionary Rule - Answers -1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - Answers -GA
Missouri v. Seibert - Answers -Seibert's son w/ cerebral palsy died in his sleep and
Donald, an unrelated mentally ill person living with the family, was also left to die in the
fire to cover up son's death. LEO's arrested Seibert, but did not Mirandize her. Officer
Hanrahan obtained a confession, gave her a break, and returned to give her Miranda
warnings and resumed questioning again. Officer did this on purpose and Seibert
moved to suppress. Case was thrown out.
Scope - Answers -The range of one's authority, breadth, or opportunity to function
ex: boundary or limits imposed by the size or nature of the items
Tier 1 - Answers -Verbal Encounter
Tier 2 - Answers -Brief Seizure
Must have ARS
Tier 3 - Answers -Arrest
Must have PC
Arrest - Answers -restricting someone's movement
Elements of an arrest - Answers -Intent
Seizure
Communication/Understanding
Seizure - Answers -Gov't termination of movement through means intentionally applied
2 types of seizures - Answers -Actual
Constructive
Actual Seizure - Answers -Physical Force
Constructive Seizure - Answers -Show of Authority
