Criminal Procedure Quiz 1

Question 1

Definition of probable cause:

Answer 1

Facts or circumstances that would lead a reasonable and prudent person to believe is crime is being or has been committed.

Question 2

What is the purpose of the exclusionary rule?

Answer 2

The exclusionary rule prevents evidence obtained through illegal searches or seizures from being used in court, aiming to protect individuals’ constitutional rights and deter law enforcement from misconduct.

Question 3

Which case law extended the exclusionary rule to state, county, and local government?

Answer 3

Mapp v. Ohio (1961)

Question 4

What are the four exceptions to the exclusionary rule?

Answer 4

1) Good Faith Exception
2) Independent Source Doctrine
3) Inevitable Discovery Rule
4) Attenuation Doctrine

Question 5

Define the good faith exception of the exclusionary rule:

Answer 5

Evidence obtained through an invalid warrant can still be admitted if law enforcement officers were acting in good faith, believing the warrant was valid.

Question 6

Define the Independent Source Doctrine of the exclusionary rule:

Answer 6

Evidence that was initially discovered through illegal means but later obtained independently from a lawful source can be used in court.

Question 7

Define the Inevitable Discovery Rule of the exclusionary rule:

Answer 7

If the evidence would have been discovered lawfully anyway, it can still be used, even if it was initially discovered through an illegal search.

Question 8

Define the Attenuation Doctrine of the exclusionary rule:

Answer 8

If the connection between the illegal search and the evidence is weak or “attenuated” (e.g., a long time passed or intervening events occurred), the evidence may still be admissible.

Question 9

Briefly describe the tier 1 of law enforcement to citizen contact:

Answer 9

1. Consensual encounter
2. No suspicion of criminal activity
3. Person is free to leave at any time
4. No detention or search
5. Voluntary interaction

Question 10

Briefly describe tier 2 of law enforcement to citizen contact

Answer 10

1. Articulable Reasonable suspicion
2. Officer may stop and briefly detain the person
3. Limited questioning or investigation allowed
4. Person is not free to leave immediately
5. Officer can ask for identification or perform a frisk if necessary

Question 11

Briefly describe tier 3 of law enforcement to citizen contact

Answer 11

1. Probable cause
2. Officer has sufficient evidence to make an arrest or conduct a search
3. Person is not free to leave and may be formally detained or arrested
4. Search or arrest may occur based on the evidence at hand

Question 12

What are the three elements of an arrest?

Answer 12

1) Intent
2) Seizure
3) Communication and understanding

Question 13

According to OCGA 17-4-20, officers may arrest:
With a ______________________
Without a ____________________ if:

B1.
B2.
B3.

Question 14

What constitutional amendment protects people from unreasonable searches and seizures by the government?

Answer 14

4th

Question 15

What 1989 United States Supreme Court case resulted in the objectively reasonable standard used to evaluate use of force involving law enforcement?

Answer 15

Graham vs. Connor

Question 16

A ______________ is a government termination of movement by means intentionally applied.

Answer 16

seizure

Question 17

In what two ways can a government actor perform a seizure of a person?

Answer 17

1) Actual Force (Physical Seizure)
2) Constructive (Show of Authority)

Question 18

What 1968 United States Supreme Court case resulted in the authority of officers to stop and frisk individuals based on reasonable suspicion?

Answer 18

Terry v. Ohio

Question 19

What four factors did SCOTUS consider when judging the reasonableness of a particular use of force by law enforcement?

Answer 19

1) Severity of the offense
2) Immediate threat to safety of officer and others
3) Actively resisting arrest
4) Evading arrest by flight

Question 20

Regarding use of force situations, reasonableness is based on the ____________________ of the __________________________ known to the officer(s) at the moment force was used.

Answer 20

1. totality
2. circumstances

Question 21

Amendment I:

Answer 21

1. Freedom of speech
2. Freedom of press
3. Freedom of Religion
4. Peacefully assembly
5. Freedom to Petition

Question 22

Amendment V:

Answer 22

1. Grand Jury Indictment
2. Protection Against Self-Incrimination
3. Double Jeopardy
4. Due Process
5. Eminent Domain

Question 23

Amendment VI:

Answer 23

1. Right to a Speedy and Public Trial:
2. Right to an Impartial Jury
3. Right to be Informed of the Nature and Cause of the Accusation
4. Right to Confront Witnesses
5. Right to Compulsory Process for Obtaining Witnesses
6. Right to Assistance of Counsel

Question 24

Amendment VII:

Answer 24

The right to a jury trial in civil cases involving disputes over money (value in controversy exceeds a certain amount - historically set at $20)

Question 25

Amendment VII:

Question 26

Amendment VIII:

Answer 26

Eighth Amendment to the U.S. Constitution prohibits:

1. Excessive Bail
2. Excessive Fines:
3. Cruel and Unusual Punishment:

Question 27

Get ________________, Get _________________, or Get __________________!