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GPSTC EXAM 2 QUESTIONS AND ANSWERS
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GPSTC EXAM 2 QUESTIONS ANDANSWERS
Probable Cause - ANSWER Facts or circumstances that would lead a
reasonable or prudent person to assume a crime is or has been committed.
Probable Cause is the basis. - ANSWER To arrest, search, and seize
Exclusionary Rule - ANSWER Evidence obtained illegally will not be accepted
in court.
Weeks v. United States - Answer Established the exclusionary rule for federal
cases. Evidence gathered through illegal searches and seizures is prohibited
from being admitted in court. A
Wolfe v. Colorado - ANSWER The Silver Platter doctrine was thrown down
Mapp v. Ohio: ANSWER Established that the exclusionary rule applied to state,
county, and local governments.
The purpose of the exclusionary rule is to deter police misbehaviour.
Exclusionary Rule Prohibits ANSWER 1. The insertion of evidence taken
during an unauthorized search
2. Testimony on knowledge gathered from that improper search.
3. Evidence resulting from an unauthorized search
, Exceptions to the Exclusionary Rule - ANSWER: good faith, inevitable
discovery, cleansed taint, independent source.
Independent Source Exception - Answer material that was not improperly
obtained and provided an independent basis for the finding of the disputed
material
Inevitable Discovery Exception: ANSWER Courts generally will not suppress
evidence that has been seized illegally if the government can prove that the
material was undoubtedly discovered lawfully.
Inevitable Discovery prosecution must show: - ANSWER 1) The lawful
measures that rendered the discovery inevitable were possessed by the police
and 2) were actively sought before the occurrence of the illicit behavior.
Purged Taint Exception: ANSWER If the evidence to be presented is so far
removed from the wrongdoing committed by the cops, it may be accepted.
Scope - Answer The extent of one's authority or ability to function.
Tiers of Police and Citizen Contact - ANSWER 1) Verbal encounter 2) Brief
Seizures. 3) Arrest.
Tier 1 - ANSWER Communication between police and civilians without
coercion or detention.
Tier 2 - ANSWER Seizures must be backed by ARS.
Tier 3: ANSWER Full-scale arrest is justified by probable cause.
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