Criminal Procedure GPSTC 320/321 Questions & Answers 100% Correct

probable cause - ANSWER-*facts or circumstances* that would make a reasonable or prudent *person* believe a crime is being or has been committed. 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 - ANSWER-the essential aspect is the existence of evidence which was not illegally seized and which in fact provided an independent basis for the discovery of the