Criminal Procedure GPSTC 320-321 Questions and Answers Rated A+
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GPSTC
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GPSTC
Criminal Procedure GPSTC 320-321 Questions and Answers Rated A+
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 search v probably cause to arrest
Two types of probable cause
An ar...
Criminal Procedure GPSTC 320-321
Questions and Answers Rated A+
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
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*)
Oregon v. Elstad (1985) - answerFacts: Michael Elstad arrested for burglary,
incriminated self/confessed before read Miranda rights
*purged taint due to the separation of time and the recognition of his rights after the
fact*
if miranda read after the fact and free and voluntary statement given, it is admissible
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