QUESTIONS WITH SOLUTIONS GRADED A+
●● Wolfe v. Colorado.
Answer: Silver Platter doctrine was shut down
●● Silver Platter Doctrine.
Answer: 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.
Answer: 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.
Answer: 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.
,Answer: 10 yr old girl went missing; Williams abducted her; "Christian
Burial Speech"; This case established the INEVITABLE DISCOVERY
EXCEPTION
●● Wong Sun v. US.
Answer: 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.
Answer: 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.
Answer: facts or circumstances that would make a reasonable or prudent
person believe a crime is being or has been committed
●● Exclusionary Rule.
Answer: evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
,●● Purpose of the exclusionary rule.
Answer: to deter police misconduct and control behavior of LEO's
●● Fruit of the Poisonous Tree.
Answer: 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.
Answer: 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
●● Where does the Good Faith Exception NOT apply?.
Answer: GA
●● Missouri v. Seibert.
Answer: 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.
Answer: 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.
Answer: Verbal Encounter
●● Tier 2.
Answer: Brief Seizure
Must have ARS
●● Tier 3.
Answer: Arrest
Must have PC
●● Arrest.
Answer: restricting someone's movement
●● Elements of an arrest.