Criminal Procedure Test 2 GPSTC Prep Exam Questions Fully Solved.
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Course
GPSTC
Institution
GPSTC
Weeks v. US - Answer Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - Answer Silver Platter doctrine was shut down
Silver Platter Doctrine - Answer Federal agents would go to local officers b/c the Exclusionary Rule DID NOT apply to local officers, and would ask...
Criminal Procedure Test 2 GPSTC Prep
Exam Questions Fully Solved.
Weeks v. US - Answer Lottery tickets seized from home w/o a search warrant
Wolfe v. Colorado - Answer Silver Platter doctrine was shut down
Silver Platter Doctrine - Answer Federal agents would go to local officers b/c the Exclusionary Rule DID
NOT apply to local officers, and would ask them to search people's homes/vehicles w/o a search warrant
and if they found any evidence, they would turn it over to the federal agents
Mapp v. OH - Answer Evidence obtained in violation of the 4th amendment could not be admitted in a
STATE court criminal proceeding. The exclusionary rule has now been applied to state, county, and local
gov't
US v. Leon - Answer A search warrant was made and large amounts of drugs were found and Leon was
indicted. Evidence was suppressed b/c there was no PC. The US Supreme Court created the Good Faith
exception to the exclusionary rule.
Brewer v. Williams - Answer 10 yr old girl went missing; Williams abducted her; "Christian Burial
Speech"; This case established the INEVITABLE DISCOVERY EXCEPTION
Wong Sun v. US - Answer Under the Purged Taint Exception
After his unlawful arrest (Taint), Wong Sun had been lawfully arraigned and released. He had returned
voluntarily (Purged) when he made an unsigned statement and therefore it was properly admitted in
evidence
Oregon v. Elstad - Answer Gross home was burglarized; 18 year old neighbor Elstad admitted to officer
he was there. Elstad was taken in for questioning. Oregon court concluded his initial unconstitutionally
obtained statement was inadmissible. *Always read Miranda before questioning
Probable Cause - Answer facts or circumstances that would make a reasonable or prudent person
believe a crime is being or has been committed
,Exclusionary Rule - Answer evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
Purpose of the exclusionary rule - Answer to deter police misconduct and control behavior of LEO's
Fruit of the Poisonous Tree - Answer Prohibits evidence seized during an unlawful search, testimony
concerning knowledge acquired from that unlawful search, and derivative evidence that flowed from the
unlawful search
Exceptions to the Exclusionary Rule - Answer 1. Good Faith
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
Where does the Good Faith Exception NOT apply? - Answer GA
Missouri v. Seibert - Answer Seibert's son w/ cerebral palsy died in his sleep and Donald, an unrelated
mentally ill person living with the family, was also left to die in the fire to cover up son's death. LEO's
arrested Seibert, but did not Mirandize her. Officer Hanrahan obtained a confession, gave her a break,
and returned to give her Miranda warnings and resumed questioning again. Officer did this on purpose
and Seibert moved to suppress. Case was thrown out.
Scope - Answer The range of one's authority, breadth, or opportunity to function
ex: boundary or limits imposed by the size or nature of the items
Tier 1 - Answer Verbal Encounter
Tier 2 - Answer Brief Seizure
Must have ARS
, Tier 3 - Answer Arrest
Must have PC
Arrest - Answer restricting someone's movement
Elements of an arrest - Answer Intent
Seizure
Communication/Understanding
Seizure - Answer Gov't termination of movement through means intentionally applied
2 types of seizures - Answer Actual
Constructive
Actual Seizure - Answer Physical Force
Constructive Seizure - Answer Show of Authority
ex: telling someone they are under arrest while they are running
Custodial Arrest - Answer 1. committed offense in officer presence
2. offender may escape
3. PC that a FV occured
4. PC that offender violated a criminal FV order
5. PC involving a vulnerable adult
6. failure of justice (ex- may flee country)
Non custodial arrest (citations) - Answer 1. happened in officer's presence
2. info rcvd from another officer
3. violation was the result of a MVA
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