Criminal procedure

Question 1

Probable Cause

Answer 1

Facts or Circumstances that would make a reasonable or prudent person believe a crime is being or has been committed

Question 2

Probable cause to arrest

Answer 2

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

Question 3

Probable Cause for Search

Answer 3

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

Question 4

Exclusionary Rule

Answer 4

Evidence illegally obtained will not be admissible in court. Evidence seized in violation of the due process clause of the 14th Amendment or some provision of the bill of rights

Question 5

Weeks v. US Lottery

Answer 5

Lottery tickets seized from home without a search warrant (applied to only federal at the time)

Question 6

Wolf v. Colorado

Answer 6

Silver Platter doctrine was struck down

Question 7

Silver platter doctrine

Answer 7

Federal agents would go to local officers to gather evidence without a warrant and hand it over to federal officers because of the exclusionary rule did not applied to local officers

Question 8

Mapp v. Ohio

Answer 8

Evidence obtained in violation of the 4th Amendment could not be admitted in a state court criminal proceeding

Question 9

Mapp v. Ohio (sub section)

Answer 9

Exlusionary rule now applied to State and Local government

Purpose of the rule is to deter police misconduct

Question 10

Government Action

Answer 10

Any action taken by government officials and their agents. The exclusionary rule only applies to government action

Question 11

Prohibits of Exclusionary Rule

Answer 11

1. The introduction of evidence seized during an unlawful search
2. Testimony concerning knowledge acquired from that unlawful search
3. Derivative evidence that flowed from the unlawful search

Question 12

Exceptions of the Exclusionary Rule

Answer 12

1. Good Faith
2. Independent Source
3. The inevitable discourage
4. The purged taint

Question 13

Good Faith Exception (US v. Leon)

Answer 13

Does not apply in Georgia. The state has the power to impose higher standards on searches and seizures that required by federal constitution if it chooses to do so

Question 14

Independent Source exemption

Answer 14

The existence of the evidence which was not illegally seized and which in fact provided an independent basis for the discovery of the challenged evidence

Question 15

Inevitable Discovery Exemption (Brewer v. Williams)

Answer 15

Courts will generally not suppress evidence that has been seized illegally if the government can establish that evidence inevitable would have been discovered lawfully

Question 16

The Purged Taint (aka attenuation exemption)

Answer 16

If the evidence that is to be introduced is so far removed from the wrong down by cops, that I may be admissible

Question 17

Scope

Answer 17

The range of one’s authority, breadth, or opportunity to function. “The boundaries or limits imposed by the size and nature of the items named in the search warrant