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GPSTC - Criminal Procedure Exam 2024 with Complete Solutions/ Correct- Verified Answers
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GPSTC - Criminal Procedure Exam 2024 with Complete Solutions/ Correct- Verified Answers
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GPSTC - Criminal Procedure Exam 2024with Complete Solutions/ Correct-
Verified Answers
inevitable discovery example - ANSWER impossible to avoid or prevent ; an unavoidable event
- requires only that the evidence hypothetically would have been seized through some legal
means
must be actively pursuing means of discovery
ex: *Christian Burial Case*
Brewer v. Williams (1977) - ANSWER Called the Christian Burial Speech
*inevitable discovery*
Fruit of the Poisonous Tree Doctrine - ANSWER A legal principle that excludes from introduction
at trial any evidence later developed as a result of an illegal search or seizure.
the prosecution must show on inevitable discovery: - ANSWER 11th circuit standard
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
attenuate - ANSWER to reduce in force or degree; to weaken
Wong Sun v. US - ANSWER In the view of the fact that after his unlawful arrest, petitioner Wong
Sun had been lawfully arraigned and released on his own recognizance and had returned
*voluntarily, several days later when he made his unsigned statement* the connection
between his unlawful arrest and the making of that statement was so attenuated that the
unsigned statement was not the fruit of the unlawful arrest and, therefore, it was properly
admitted evidence
,(*purged taint*)
Oregon v. Elstad (1985) - ANSWER Facts: Michael Elstad arrested for burglary,
incriminated self/confessed before read Miranda rights
*purged taint due to the separation of time and the recognition of his rights after the fact*
if miranda read after the fact and free and voluntary statement given, it is admissible
Missouri v. Seibert (2004) - ANSWER Facts: Patrice Siebert convicted of 2nd degree murder
from fire → confession before read Miranda Rights → read rights, pressured to re-confess
Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't read
Miranda rights and received confession?
Rule: Oregon v. Elstad (un-Mirandized confession is admissible)
Conclusion: No, Rule does not apply, violation
scope - ANSWER the range of one's authority, breadth, or opportunity to function.
example: the boundary or limits of a search warrant
Tiers of Police/Citizen Contact - ANSWER Tier 1 - Verbal Encounter
Tier 2 - Brief Stop (ARS)
Tier 3 - Arrest (PC)
Tier 1 Verbal Encounter - ANSWER Communication between police and citizens involving
no coercion or detention
*consensual encounter, no 4th violation*
, Tier 2 Brief Seizure / Stop - ANSWER must be supported by ARS
*more than a gut feeling*
Articulable Reasonable Suspicion - ANSWER a set of facts and circumstances that would lead
a reasonable and prudent officer to believe that crime is afoot
probable cause - ANSWER *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 - ANSWER Two types of probable cause
An arrest without probable cause is - ANSWER illegal
PC is the basis for - ANSWER a *legal* search or a *legal* arrest
The Exclusionary Rule definition - ANSWER 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) - ANSWER the Bill of Rights
Weeks v. US - ANSWER 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) - ANSWER FEDS would go to *local* officers and make them obtain
evidence because the exclusionary rule did not apply to local and state officers
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