Test 2 Review - GPSTC Cherokee Questions and Answers 100% Solved
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Test 2 Review - GPSTC Cherokee Questions and Answers 100% Solved
Definition of probable cause
facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed
What is probable cause the basis of? (three things)
to arrest
to search
to s...
definition of probable cause facts or circumstance
what is probable cause the basis of three things
what does probable cause to search refer to facts
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Test 2 Review - GPSTC Cherokee
Questions and Answers 100% Solved
Definition of probable cause - answer facts or circumstances that would make a
reasonable or prudent person believe a crime is being or has been committed
What is probable cause the basis of? (three things) - answerto arrest
to search
to seize
What does probable cause to arrest refer to? - answerfacts or circumstances that a
particular person has committed a crime and that person may be ARRESTED for that
crime
What does probable cause to search refer to? - answerfacts 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
What does probable cause to seize refer to? - answerfacts and circumstances that
would lead a reasonable officer to believe that an item is contraband is stolen or
constitutes evidence of a crime
Is an arrest without probable cause legal or illegal? - answerillegal
Probable cause is the basis for a _______ _______ or a _______ _______. -
answerlegal search; legal arrest
what is the exclusionary rule? - answerevidence illegally obtained will not be admissible
in court
evidence seized illegally violated what clause of what amendment? - answerdue
process of the 14th amendment, or some provision of the Bill of Rights
Cases involved in the history of the exclusionary rule - answerWeeks v. United States
(1914)
Wolfe v. Colorado (1949)
Mapp v. Ohio (1961)
What did Weeks v. United States (1914) affirm? - answerexclusionary rule at this time
only applied to the actions of the federal government;
,before this decision the courts admitted illegally seized material as evidence to avoid
allowing guilty parties to go free
Facts of the case in Weeks v. United States - answerlottery tickets and related
documents were seized from Weeks's home without a search warrant
In Weeks v. United States, what did they say about the 4th amendment? - answerif the
evidence obtained was admitted, it would reduce the 4th amendment to a form of words
without the use of the exclusionary rule.
Were the documents admissible in court in Weeks v. United States after the appeal? -
answerno, they fell under the exclusionary rule and the decision was overturned.
What did Wolfe v. Colorado (1949) affirm? - answerthat the 4th and 14th amendment
not only applies to federal officers, but state officers as well
What doctrine was struck down in Wolfe v. Colorado? - answersilver platter doctrine
What were federal agents doing with the silver platter doctrine? - answerwould go to
local officers, knowing the exclusionary rule didn't apply to local officers, and ask them
to search people's homes, vehicles, etc. without a warrant and turn over any evidence
found to the federal agents. ("on a silver platter")
What did Mapp v. Ohio (1961) affirm? - answerevidence obtained in violation of the 4th
amendment could NOT be admitted in a state court criminal proceeding, and
establishing the exclusionary rule applies to EVERYONE
What was the Ohio statute violated in Mapp v. Ohio? - answerPossession of
Pornography (felony)
What is the purpose of the exclusionary rule? - answerto deter police misconduct;
to control the behavior of the cops
definition of government action - answerany action taken by government officials and
their agents
Who does the exclusionary rule apply to? - answergovernment action; federal, state,
county, and local officers alike
What three things does the exclusionary rule prohibit? - answer1. 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
, What are 4 exceptions to the exclusionary rule (NOTE: there are more, but only what
we went over in class for purpose of this review) - answer1. Good faith
2. Independent source
3. Inevitable discovery
4. Purged taint
What is the good faith exception to the exclusionary rule? - answerIf officers had
reasonable, good faith belief that they were acting according to legal authority, such as
by relying on a search warrant that is later found to have been legally defective, the
illegally seized evidence is admissible under this rule.
What court case gave us the good faith exception? - answerUS v. Leon (1984)
Facts of the case in US v. Leon - answera search warrant was executed based on an
affidavit signed by a judge and reviewed by three DA's
Large quantities of drugs were seized but were suppressed due to the lack of probable
cause for the original search warrant
officers had good faith executing the search warrant, they are not expected to question
the judge's decision
Does the Good Faith Exception apply in Georgia? - answerNo
Why can Georgia decide not to allow the good faith exception? - answerThe US
Supreme Court gave states the power to impose higher standards on searches and
seizures than required by the Constitution
What does Georgia's Supreme Court say about the good faith exception? - answerrests
not on a constitutional right; rests on the statute passed by the legislature and we simply
hold that the courts are bound by that statute
Burden on proving lawfulness of a warrant IS on the state; not solely on the judge
When will a defendant move to suppress evidence? - answerwhen they are aggrieved
by an unlawful search and seizure and wish to have their property returned
Even if evidence was obtained in violation of the 4th amendment, when are the courts
not required to return property to the defendant? - answereven though the evidence was
found unlawfully, if the evidence is contraband, it is not to be returned to the defendant
One of two grounds have to be proven to suppress evidence, what are the two
grounds? - answer1. search and seizure without warrant was illegal
2. search and seizure with a warrant was illegal because the warrant is insufficient on its
face and there was no probable cause for the issuance of that warrant
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