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GPSTC Exam 2 with correct answers
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GPSTC Exam 2 with correct answersProbable Cause - ANSWERS✔✔ 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: - ANSWERS✔✔ To arrest, to search, to seize
Exclusionary Rule - ANSWERS✔✔ Evidence illegally obtained will not be admissible
in court
Weeks v. United States - ANSWERS✔✔ Established the exclusionary rule in federal
cases. Prohibited evidence obtained by illegal searches and seizures from being
admitted in court.
Wolfe v. Colorado - ANSWERS✔✔ Silver Platter doctrine was struck down
Mapp v. Ohio - ANSWERS✔✔ Established the exclusionary rule was applicable to
state, county, and local government.
Purpose of Exclusionary Rule - ANSWERS✔✔ To deter police misconduct.
Exclusionary Rule Prohibits - ANSWERS✔✔ 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 - ANSWERS✔✔ good faith, inevitable discovery,
purged taint, independent source
Independent Source Exception - ANSWERS✔✔ 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 - ANSWERS✔✔ 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: - ANSWERS✔✔ 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 - ANSWERS✔✔ 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 - ANSWERS✔✔ The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact - ANSWERS✔✔ 1) Verbal Encounter 2) Brief Seizures
3) Arrest
Tier 1 - ANSWERS✔✔ Communication between police and citizens involving no
coercion or detention.
Tier 2 - ANSWERS✔✔ Seizures that must be supported by ARS
Tier 3 - ANSWERS✔✔ Full scale arrest supported by probable cause.
Seizure - ANSWERS✔✔ A governmental termination of movement through means
intentionally applied.
Two types of seizures - ANSWERS✔✔ Actual and Constructive
Elements of Arrest - ANSWERS✔✔ Intent, Seizure, Communication & Understanding
Custodial Arrest if: - ANSWERS✔✔ 1) Offense is committed in the officers presence
2) Offender is endeavoring to escape
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