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
Exams and Correct Answers |Best Grades | Excellence | Success
, 2|Page
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
Exams and Correct Answers |Best Grades | Excellence | Success
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ExamArsenal. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.79. You're not tied to anything after your purchase.
