Complete Solutions.
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 is the basis: - (ANSWER)To
arrest, to search, to seize
Exclusionary Rule - (ANSWER)Evidence
illegally obtained will not be admissible in
court
Weeks v. United States -
(ANSWER)Established the exclusionary rule
in federal cases. Prohibited evidence obtained
,by illegal searches and seizures from being
admitted in court.
Wolfe v. Colorado - (ANSWER)Silver Platter
doctrine was struck down
Mapp v. Ohio - (ANSWER)Established the
exclusionary rule was applicable to state,
county, and local government.
Purpose of Exclusionary Rule -
(ANSWER)To deter police misconduct.
Exclusionary Rule Prohibits - (ANSWER)1.
The introduction of evidence seized during an
unlawful search
2. Testimony concerning knowledge acquired
from that unlawful search
,3. Evidence that flowed from the unlawful
search
Exceptions to the Exclusionary Rule -
(ANSWER)good faith, inevitable discovery,
purged taint, independent source
Independent Source Exception -
(ANSWER)The existence of evidence which
was not illegally seized and which in fact
provided an independent basis for the
discovery of the challenged evidence
Inevitable Discovery Exception -
(ANSWER)Courts generally will not
suppress evidence that has been seized
illegally if the government can establish that
the evidence inevitably would been
discovered lawfully
, Inevitable Discovery prosecution must show:
- (ANSWER)1) The lawful means, which
made the discovery inevitable, were possessed
by the police and 2) were actively being
pursued prior to the occurrence of the illegal
conduct
Purged Taint Exception - (ANSWER)If the
evidence that is to be introduced is so far
removed from the wrong done by the cops
then it may be admissible.
Scope - (ANSWER)The range of one's
authority or opportunity to function.
Tiers of Police/ Citizen Contact -
(ANSWER)1) Verbal Encounter 2) Brief
Seizures 3) Arrest