GPSTC Exam 2 Questions and Answers
Probable Cause
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:
To arrest, to search, to seize
Exclusionary Rule
Evidence illegally obtained will no...
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 - answerSilver Platter doctrine was struck down
Mapp v. Ohio - answerEstablished the exclusionary rule was applicable to state, county,
and local government.
Purpose of Exclusionary Rule - answerTo deter police misconduct.
Exclusionary Rule Prohibits - answer1. 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 - answergood faith, inevitable discovery, purged
taint, independent source
Independent Source Exception - answerThe 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 - answerCourts 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: - answer1) 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 - answerIf the evidence that is to be introduced is so far
removed from the wrong done by the cops then it may be admissible.
, Scope - answerThe range of one's authority or opportunity to function.
Tier 1 - answerCommunication between police and citizens involving no coercion or
detention.
Tier 2 - answerSeizures that must be supported by ARS
Tier 3 - answerFull scale arrest supported by probable cause.
Seizure - answerA governmental termination of movement through means intentionally
applied.
Two types of seizures - answerActual and Constructive
Elements of Arrest - answerIntent, Seizure, Communication & Understanding
Custodial Arrest if: - answer1) 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: - answer1) 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? - answerGeorgia law Title 35;
the POST act
If an officer loses his power of arrest: - answerHe 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: - answer1) 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? - answer72
The Scope of a Search Incident to arrest: - answer1) The person arrested;
2) The area into which an arrestee might reach in order to grab a weapon or destroy.
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