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Criminal Procedure GPSTC 320/321 Exam Questions With 100% Verified Answers

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Criminal Procedure GPSTC 320/321 Exam Questions With 100% Verified Answers 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 - answerTwo types of pr...

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  • September 29, 2024
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Criminal Procedure GPSTC 320/321 Exam
Questions With 100% Verified Answers


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*

, ©BRAINBARTER 2024/2025


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

also known as *Silver Platter Doctrine* - was ultimately struck down


Mapp v. Ohio (1961) - answer✔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 - answer✔to deter police misconduct;




to control the behavior of the cops


Government Action - answer✔Any action taken by government officials and their agents (the

po-po)


Exclusionary Rule _________ - answer✔only applies to government action


The Exclusionary Rule prohibits the following: - answer✔1. The introduction of evidence seized

during an unlawful search

2. Testimony concerning knowledge acquired from that unlawful search

, ©BRAINBARTER 2024/2025


3. Derivative evidence that flowed from the unlawful search


The **sole** purpose of the exclusionary rule is : - answer✔to operate as a deterrent to unlawful

conduct by the police


Exclusionary Rule Exceptions - answer✔good faith


inevitable discovery

purged taint

independent source


The Good Faith Exception : - answer✔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 - answer✔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 - answer✔improperly obtained evidence can be used when it

would later have inevitably been discovered without improper actions by the police


Purged Taint Exception - answer✔If the evidence that is to be introduced is so far removed from

the wrong done by the cops then it may be admissible.

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