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CRIMINAL PROCEDURE GPSTC TEST 2 QUESTIONS AND ANSWERS
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CRIMINAL PROCEDURE GPSTC TEST 2QUESTIONS AND ANSWERS
Weeks v. US: ANSWERLottery tickets seized from the house without a search
warrant
Wolfe v. Colorado - ANSWER: The Silver Platter theory was
Silver Platter Doctrine - ANSWERFederal agents would go to local officers
because the Exclusionary Rule DID NOT apply to local officers, and would ask
them to investigate people's homes/vehicles without a search warrant, and if
they uncovered any evidence, they would send it over to federal agents.
Mapp v. Ohio - ANSWER Evidence gathered in violation of the Fourth
Amendment could not be admitted in a state court criminal prosecution. The
exclusionary rule is now extended to the state, county, and local governments.
US v. Leon - An ANSWERA search order was issued, huge quantities of drugs
were discovered, and Leon was indicted. Evidence was concealed since there
was no PC. The United States Supreme Court established the Good Faith
exemption to the exclusionary rule.
Brewer v. Williams - ANSWER A 10-year-old girl went missing; Williams
abducted her; "Christian Burial Speech"; This case established the
INEVITABLE DISCOVERY EXCEPTION.
Wong Sun v. US - Answer under the Purged Ta
int Exception.
Wong Sun was duly arraigned and released following his wrongful arrest
(Taint). He returned voluntarily (Purged) and provided an unsigned statement,
thus it was lawfully allowed in evidence.
,Oregon v. Elstad - ANSWERGross' home was burglarized, and 18-year-old
neighbor Elstad admitted to the officer that he was present. Elstad was brought
in for questioning. The Oregon court determined that his initial
unconstitutionally obtained statement was inadmissible. *Always read Miranda
before inquiring.
Probable Cause - Facts or circumstances that would lead a reasonable or prudent
person to suspect a criminal is being or has been committed.
Evidence obtained illegally will not be accepted in court.
*fruit of the toxic tree.
The purpose of the exclusionary rule is to deter police wrongdoing and control
the behavior of LEOs.
Fruit of the Poisonous Tree - ANSWER Prohibits evidence taken after an
unlawful search, testimony concerning knowledge acquired from that unlawful
search, and derivative evidence that came from the criminal search.
Exceptions to the Exclusionary Rule: ANSWER 1. Good Faith.
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception not apply? - Answerga
, Missouri v. Seibert - ANSWERS: Seibert's kid with cerebral palsy died in his
sleep, and Donald, an unrelated mentally ill person residing with the household,
was also let to die in the fire to conceal his son's death. Officers apprehended
Seibert but did not Mirandize her. Officer Hanrahan elicited a confession, gave
her a break, then returned to give her Miranda warnings and begin questioning.
The officer did this on purpose, and Seibert moved to suppress. The case was
thrown out.
ANSWER: The scope of one's authority, breadth, or chance to function.
Example: boundaries or limits established by the size or type of the things.
Tier 1: Verbal Encounter
Tier 2: ANSWERBrief Seizure
Must have ARS.
Tier 3: ANSWERArrest
Must have a PC.
Arrest - ANSWER: restricting someone's movement
Elements of an arrest: ANSWERIntent
Seizure
Communication/Understanding
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