GPSTC Exam 2 Questions with All Correct Answers (1)

GPSTC Exam 2 Questions with All Correct Answers (1) 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 Tier 1 - Answer-Communication between police and citizens involving no coercion or detention. Tier 2 - Answer-Seizures that must be supported by ARS Tier 3 - Answer-Full scale arrest supported by probable cause. Seizure - Answer-A governmental termination of movement through means intentionally applied. Two types of seizures - Answer-Actual and Constructive Elements of Arrest - Answer-Intent, Seizure, Communication & Understanding Custodial Arrest if: - Answer-1) Offense is committed in the officers presence 2) Offender is endeavoring to escape 3) There is PC to believe an act of family violence has occurred 4) Officer has PC to believe that the offender has violated a criminal family violence order Officer may issue a citation if: - Answer-1) The offense occurs in the officers presence. 2) Information received from another officer 3) The violation was the result of a motor vehicle accident. Where does a peace officer get his power of arrest from? - Answer-Georgia law Title 35; the POST act If an officer loses his power of arrest: - Answer-He has no authority to execute an arrest warrant. He may not apply for or execute a search warrant. He has no authority to issue UTC. He may not arrest for a city or county ordinance violation. To parts to any warrant: - Answer-1) Affidavit 2) Command Every law enforcement officer arresting under a warrant shall bring the person arrested before a judicial officer within how many hours after arrest? - Answer-72 The Scope of a Search Incident to arrest: - Answer-1) The person arrested; 2) The area into which an arrestee might reach in order to grab a weapon or destroy. Arizona v. Gant - Answer-Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for. Protective Sweep - Answer-A limited search of the premises conducted primarily to ensure the safety of police officers by detecting the presence of others this is done in conjunction with an in-home arrest. Terry v. Ohio - Answer-Police can search and seize with probable cause. Allows police officer to stop and frisk during a traffic stop. A temporary detention of an individual short of an arrest. - Answer-Stop The pat down of an individuals outer clothing to determine whether he is carrying a weapon. - Answer-Frisk Level of proof needed for a lawful stop and frisk. - Answer-Articulable Reasonable Suspicion To what extent does a person in a tier II encounter have to cooperate? - Answer-To the fullest What is the 2-step process to a Frisk: - Answer-1) the officer must pat down first. 2) Then intrude beneath the clothes only if he comes upon something which feels like a weapon. Minnesota v. Dickerson - Answer-Plain feel doctrine Frisk is usually justified if: - Answer-1) There are concerns for safety. 2) There is suspicion that the suspect is armed and dangerous. 3) There is suspicion that the suspect is about to commit a crime and a weapon is commonly used. Roadblocks are valid when they meet... - Answer-1) Approved by supervisory officer for a legitimate purpose. 2) All vehicles are stopped 3) The delay to motorists is minimal. 4) The operation was well-identified as a police checkpoint. 5) The screening officer was competent to determine which motorists should be given field tests for intoxication. The area surrounding and associated with a home; the land occupied by a dwelling and its yard and outbuildings, actually enclosed or considered as enclosed. - Answer- Curtilage A governmental intrusion into a place where a person has a reasonable expectation of privacy. - Answer-Search Some meaningful government interference with an individual's possessory interest. - Answer-Seizure Katz v. United States - Answer-Established the Reasonable Expectation of Privacy Standard Two parts to determine REP: - Answer-1) Someone exhibits an actual expectation of privacy 2) Society recognizes as reasonable. Fourth Amendment - Answer-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures... Who may apply for a search warrant? - Answer-A certified peace officer in the course of official duty. Who may issue a search warrant? - Answer-Judge