Exam (elaborations)
Criminal Procedure GPSTC 320/321
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Criminal Procedure GPSTC 320/321
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Solution 2024/2025Pepper
Criminal Procedure GPSTC 320/321
probable cause ANS✔✔ *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 ANS✔✔ Two types of probable cause
An arrest without probable cause is ANS✔✔ illegal
PC is the basis for ANS✔✔ a *legal* search or a *legal* arrest
The Exclusionary Rule definition ANS✔✔ A 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) ANS✔✔ the
Bill of Rights
Weeks v. US ANS✔✔ Case 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) ANS✔✔ FEDS 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) ANS✔✔ Extended the Exclusionary Rule to the states, increasing the protections for defendants.
, Solution 2024/2025
Pepper
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 ANS✔✔ to deter police misconduct;
to control the behavior of the cops
Government Action ANS✔✔ Any action taken by government officials and their agents (the po-po)
Exclusionary Rule _________ ANS✔✔ only applies to government action
The Exclusionary Rule prohibits the following: ANS✔✔ 1. 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 : ANS✔✔ to operate as a deterrent to unlawful conduct by the police
Exclusionary Rule Exceptions ANS✔✔ good faith
inevitable discovery
purged taint
independent source
The Good Faith Exception : ANS✔✔ An 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*
, Solution 2024/2025
Pepper
independent source exception ANS✔✔ the 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 ANS✔✔ improperly obtained evidence can be used when it would later have inevitably
been discovered without improper actions by the police
Purged Taint Exception ANS✔✔ If 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) ANS✔✔ Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
Gary v. State (1992) ANS✔✔ The 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 ANS✔✔ A 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 ANS✔✔ the state
Independent Source Example ANS✔✔ the 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 ANS✔✔ impossible to avoid or prevent ; an unavoidable event
- requires only that the evidence hypothetically would have been seized through some legal means
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