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GPSTC Exam 2 Questions With Complete Solutions
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GPSTC Exam 2 Questions With Complete Solutions Exclusionary Rule Prohibits 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 Ru...

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  • November 20, 2024
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  • 2024/2025
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GPSTC Exam 2 Questions With Complete
Solutions

Exclusionary Rule Prohibits 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 good faith, inevitable discovery, purged taint,

independent source




Independent Source Exception 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 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: 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

, GPSTC Exam 2 Questions With Complete
Solutions

Purged Taint Exception 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 The range of one's authority or opportunity to function.




Tiers of Police/ Citizen Contact 1) Verbal Encounter 2) Brief Seizures 3) Arrest




Tier 1 Communication between police and citizens involving no coercion or detention.




Tier 2 Seizures that must be supported by ARS




Tier 3 Full scale arrest supported by probable cause.




Seizure A governmental termination of movement through means intentionally applied.




Two types of seizures Actual and Constructive

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