Probable Cause
o :## facts or circumstances that would make a reasonable or prudent person believe a crime IS
being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL
o :## facts or circumstances that make a...
GPSTC Exam 2- Criminal Procedure 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
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL
o :## facts or circumstances that make a person believe that a particular person has committed a
crime and that person may be arrested for that crime
Probable Cause to Search
o :## facts or circumstances that make an officer believe that evidence of a crime is now in a
particular location and that officer should be allowed to go and search for that evidence
Probable Cause to Seize
o :## acts or circumstances that would lead a reasonable officer to believe that an item is
contraband, is stolen, or constitutes evidence of a crime
Exclusionary Rule
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o :## evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
History of Exclusionary Rule
o :## 1. Weeks V. United States (1914): Lottery tickets were seized from home w/out search
warrant
*AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to search
people's property w/out warrant and IF any evidence, to turn it in to Federal Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th amendment
(unreasonable search) and could not be admitted in a STATE court criminal proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule
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