Criminal Procedure GPSTC 320/321 Exam Questions With Correct Answers.

Criminal Procedure GPSTC 320/321 Exam Questions With Correct Answers. 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 - answerTwo types of probable cause An arrest without probable cause is - answerillegal PC is the basis for - answera *legal* search or a *legal* arrest The Exclusionary Rule definition - answerA 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) - answerthe Bill of Rights Weeks v. US - answerCase 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) - answerFEDS 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) - answerExtended 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 - answerto deter police misconduct; to control the behavior of the cops Government Action - answerAny action taken by government officials and their agents (the po-po) Exclusionary Rule _________ - answeronly applies to government action The Exclusionary Rule prohibits the following: - answer1. 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 : - answerto operate as a deterrent to unlawful conduct by the police Exclusionary Rule Exceptions - answergood faith inevitable discovery purged taint independent source The Good Faith Exception : - answerAn 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 - answerthe 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 - answerimproperly obtained evidence can be used when it would later have inevitably been discovered without improper actions by the police Purged Taint Exception - answerIf 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) - answerCreated the good faith exception to the exclusionary rule The cops did nothing wrong, therefore, the evidence got to stay Gary v. State (1992) - answerThe 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) Motion to Suppress - answerA request that the court prohibit the use of certain evidence at the trial. 1. the search and seizure was illegal 2. the search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed Burden of Proof is on - answerthe state Independent Source Example - answerthe source of evidence must be independent of the initial illegal action taken place. ex: prints from illegal arrest thrown out, but prints from a prior legal arrest can be used inevitable discovery example - answerimpossible to avoid or prevent ; an unavoidable event - requires only that the evidence hypothetically would have been seized through some legal means must be actively pursuing means of discovery ex: *Christian Burial Case* Brewer v. Williams (1977) - answerCalled the Christian Burial Speech *inevitable discovery* Fruit of the Poisonous Tree Doctrine - answerA legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure. the prosecution must show on inevitable discovery: - answer11th circuit standard 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 attenuate - answerto reduce in force or degree; to weaken Wong Sun v. US - answerIn the view of the fact that after his unlawful arrest, petitioner Wong Sun had been lawfully arraigned and released on his own recognizance and had returned *voluntarily, several days later when he made his unsigned statement* the connection between his unlawful arrest and the making of that statement was so attenuated that the unsigned statement was not the fruit of the unlawful arrest and, therefore, it was properly admitted evidence (*purged taint*)