Criminal Procedure GPSTC 320/321 /
Comprehensive Review Q-Bank / Actual Questions
& Certified Solutions / 2025-2026.
Terms in this set (179)
probable cause facts or circumstances that would make a reasonable or
prudent person believe a crime is being or has been
committed.
Probable cause to searchTwo types of probable cause v probably
cause to arrest
An arrest without illegal
probable cause is
PC is the basis for a legal search or a legal arrest
The Exclusionary Rule A rule that provides that otherwise admissible evidence
definition 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 the Bill of Rights
violation of due process or
some provision of
___________ (based on
exclusionary rule)
Case law that established exclusionary rule, evidence
gotten without a warrant isn't admissible in a federal court
Weeks v. US
Lottery tickets were seized from a home without a SW
,Wolfe v. Colorado (1949) 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) 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 to deter police misconduct;
Rule
to control the behavior of the cops
Government Action Any action taken by government officials and their agents (the
po-po)
Exclusionary Rule only applies to government action
_________
The Exclusionary Rule 1. The introduction of evidence seized during anunlawful
prohibits the following: search
2. Testimony concerning knowledge acquired fromthat
unlawful search
3. Derivative evidence that flowed from the unlawfulsearch
The *sole* purpose of the to operate as a deterrent to unlawful conduct by the police
exclusionary rule is :
good faith inevitable
Exclusionary Rule
discovery purged taint
Exceptions independent source
, The Good Faith Exception 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 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 challenged
evidence
inevitable discovery exception improperly obtained evidence can be used when it would later
have inevitably been discovered without improper actions by
the police
Purged Taint Exception If the evidence that is to be introduced is so far removed
from the wrong done by the cops then it may be admissible.
(attenuation)
US v. Leon (1984) Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to
stay
Gary v. State (1992) The states have the power to impose higher standards on
searches and seizures than required by the Federal
Constitution if it chooses to do so, and GA has a statute that
restricts govt action (bc no good faith exception here)
A request that the court prohibit the use of certain evidence at
the trial.
1. the search and seizure was illegal
Motion to Suppress 2. the search and seizure with a warrant was illegalbecause the
warrant is insufficient on its face, there was not probable cause
for the issuance of the warrant, or the warrant was illegally
executed
Comprehensive Review Q-Bank / Actual Questions
& Certified Solutions / 2025-2026.
Terms in this set (179)
probable cause facts or circumstances that would make a reasonable or
prudent person believe a crime is being or has been
committed.
Probable cause to searchTwo types of probable cause v probably
cause to arrest
An arrest without illegal
probable cause is
PC is the basis for a legal search or a legal arrest
The Exclusionary Rule A rule that provides that otherwise admissible evidence
definition 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 the Bill of Rights
violation of due process or
some provision of
___________ (based on
exclusionary rule)
Case law that established exclusionary rule, evidence
gotten without a warrant isn't admissible in a federal court
Weeks v. US
Lottery tickets were seized from a home without a SW
,Wolfe v. Colorado (1949) 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) 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 to deter police misconduct;
Rule
to control the behavior of the cops
Government Action Any action taken by government officials and their agents (the
po-po)
Exclusionary Rule only applies to government action
_________
The Exclusionary Rule 1. The introduction of evidence seized during anunlawful
prohibits the following: search
2. Testimony concerning knowledge acquired fromthat
unlawful search
3. Derivative evidence that flowed from the unlawfulsearch
The *sole* purpose of the to operate as a deterrent to unlawful conduct by the police
exclusionary rule is :
good faith inevitable
Exclusionary Rule
discovery purged taint
Exceptions independent source
, The Good Faith Exception 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 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 challenged
evidence
inevitable discovery exception improperly obtained evidence can be used when it would later
have inevitably been discovered without improper actions by
the police
Purged Taint Exception If the evidence that is to be introduced is so far removed
from the wrong done by the cops then it may be admissible.
(attenuation)
US v. Leon (1984) Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to
stay
Gary v. State (1992) The states have the power to impose higher standards on
searches and seizures than required by the Federal
Constitution if it chooses to do so, and GA has a statute that
restricts govt action (bc no good faith exception here)
A request that the court prohibit the use of certain evidence at
the trial.
1. the search and seizure was illegal
Motion to Suppress 2. the search and seizure with a warrant was illegalbecause the
warrant is insufficient on its face, there was not probable cause
for the issuance of the warrant, or the warrant was illegally
executed
