probable cause
o :## *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
o :## Two types of probable cause
An arrest without probable cause is
o :## illegal
PC is the ba...
Criminal Procedure GPSTC 320/321 Questions
and Correct Answers & Latest Updated
probable cause
o :## *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
o :## Two types of probable cause
An arrest without probable cause is
o :## illegal
PC is the basis for
o :## a *legal* search or a *legal* arrest
The Exclusionary Rule definition
o :## 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)
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o :## the Bill of Rights
Weeks v. US
o :## 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)
o :## 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)
o :## Extended the Exclusionary Rule to the states, increasing the protections for defendants.
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
o :## to deter police misconduct;
to control the behavior of the cops
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Government Action
o :## Any action taken by government officials and their agents (the po-po)
Exclusionary Rule _________
o :## only applies to government action
The Exclusionary Rule prohibits the following:
o :## 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 :
o :## to operate as a deterrent to unlawful conduct by the police
Exclusionary Rule Exceptions
o :## good faith
inevitable discovery
purged taint
independent source
The Good Faith Exception :
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o :## 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*
independent source exception
o :## 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
o :## improperly obtained evidence can be used when it would later have inevitably been
discovered without improper actions by the police
Purged Taint Exception
o :## 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)
o :## Created the good faith exception to the exclusionary rule
The cops did nothing wrong, therefore, the evidence got to stay
Gary v. State (1992)
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