Exam (elaborations)
GPSTC Exam 2- Criminal Procedure Correct answers 2024/2025
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GPSTC Exam 2- Criminal Procedure Correct answers 2024/2025
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Solution 2024/2025Pepper
GPSTC Exam 2- Criminal Procedure
Probable Cause ANS✔✔ 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 ANS✔✔ 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 ANS✔✔ 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 ANS✔✔ 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 ANS✔✔ 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 ANS✔✔ 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
, Solution 2024/2025
Pepper
*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 ANS✔✔ 1. Good Faith Exception:
2. Independent Source
3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
*DOES NOT APPLY IN GEORGIA ANS✔✔ U.S V. Leon (1984):
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.
*When officers act in "Good Faith" by doing everything he/she can
17-5-30 Motion to Suppress Evidence (GA's stricter law on Good. Faith)
Background:
U.S. Supreme Court: Declared the state has power to impose higher standards on searches/seizures if chosen to do so
ANS✔✔ IF UNREASONABLY searched, defendant can have property returned (if it is lawful):
Requirements:
1. The search and seizure WITHOUT warrant is illegal
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