@PROFDOCDIGITALLIBRARIES
Criminal Procedure GPSTC 320/321
exam with correct answers 2025
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
PR
An arrest without probable cause is - ANSWER-illegal
PC is the basis for - ANSWER-a *legal* search or a *legal* arrest
O
FD
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
O
evidence to be used in court
C
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
,@PROFDOCDIGITALLIBRARIES
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
PR
Purpose of Exclusionary Rule - ANSWER-to deter police misconduct;
O
to control the behavior of the cops
FD
Government Action - ANSWER-Any action taken by government officials and
their agents (the po-po)
O
Exclusionary Rule _________ - ANSWER-only applies to government action
C
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
, @PROFDOCDIGITALLIBRARIES
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.
PR
*not applicable in GA*
independent source exception - ANSWER-the essential aspect is the existence
O
of evidence which was not illegally seized and which in fact provided an
independent basis for the discovery of the challenged evidence
FD
inevitable discovery exception - ANSWER-improperly obtained evidence can be
used when it would later have inevitably been discovered without improper
actions by the police
O
Purged Taint Exception - ANSWER-If the evidence that is to be introduced is so
C
far removed from the wrong done by the cops then it may be admissible.
(attenuation)
US v. Leon (1984) - ANSWER-Created the good faith exception to the
exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
Criminal Procedure GPSTC 320/321
exam with correct answers 2025
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
PR
An arrest without probable cause is - ANSWER-illegal
PC is the basis for - ANSWER-a *legal* search or a *legal* arrest
O
FD
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
O
evidence to be used in court
C
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
,@PROFDOCDIGITALLIBRARIES
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
PR
Purpose of Exclusionary Rule - ANSWER-to deter police misconduct;
O
to control the behavior of the cops
FD
Government Action - ANSWER-Any action taken by government officials and
their agents (the po-po)
O
Exclusionary Rule _________ - ANSWER-only applies to government action
C
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
, @PROFDOCDIGITALLIBRARIES
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.
PR
*not applicable in GA*
independent source exception - ANSWER-the essential aspect is the existence
O
of evidence which was not illegally seized and which in fact provided an
independent basis for the discovery of the challenged evidence
FD
inevitable discovery exception - ANSWER-improperly obtained evidence can be
used when it would later have inevitably been discovered without improper
actions by the police
O
Purged Taint Exception - ANSWER-If the evidence that is to be introduced is so
C
far removed from the wrong done by the cops then it may be admissible.
(attenuation)
US v. Leon (1984) - ANSWER-Created the good faith exception to the
exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
