Exam 2 Review - GPSTC Tifton (Criminal Procedure) Latest Update 2024-2025 225+ Questions and 100% Verified Correct Answers Guaranteed A+
______ of a lawful search incident to arrest is irrelevant - CORRECT ANSWER:
motivation
17-5-29 Return of Search Warrant - CORRECT ANSWER: after the search has been
completed, it is the duty of the officer to file a verified list of items seized with the magistrate
Are NCIC/GCIC returns reliable enough for probable cause? - CORRECT ANSWER:
yes
Are officers able to handcuff a subject when not arresting them in a tier II stop? -
CORRECT ANSWER: yes, for safety reasons
Are officers able to order the driver to get out of the vehicle during a traffic stop? -
CORRECT ANSWER: yes, for safety reasons
Brief summary of fourth amendment - CORRECT ANSWER: right of people to be
secure in their persons, houses, papers, and effects
Can a roadblock be done for the purpose of detecting general wrongdoing? -
CORRECT ANSWER: no
Can an officer seize abandoned property? - CORRECT ANSWER: yes and without a
search warrant
Can you apply for a general search warrant? - CORRECT ANSWER: no; has to be
specific or it is deemed unconstitutional
Can you arrest a passenger of the person driving a stolen vehicle? - CORRECT ANSWER: yes, law states that they know or should have known that the vehicle was stolen and you have probable cause to arrest all occupants
Cases involved in the history of the exclusionary rule - CORRECT ANSWER: Weeks v.United States (1914) Wolfe v. Colorado (1949) Mapp v. Ohio (1961)
Define a tier one - verbal encounter - CORRECT ANSWER: communication between
police and citizens involving no COERCION or DETENTION
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citizen is free to leave at any time and not required to talk to you
Define a tier two - brief seizure - CORRECT ANSWER: brief seizures must be
supported by articulable reasonable suspicion (ARS)
**has to be more than a hunch
Define tier three - arrest - CORRECT ANSWER: full scale arrest, supported by
PROBABLE CAUSE
Defining scope in relation to a search warrant - CORRECT ANSWER: boundary or
limits imposed by the size and nature of the items named in the search warrant
Example: cannot search a jewelry box for an AR-15
Definition of arrest - CORRECT ANSWER: seize by legal authority and take into
custody.
definition of government action - CORRECT ANSWER: any action taken by government officials and their agents
Definition of probable cause - CORRECT ANSWER: facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed
Definition of scope - CORRECT ANSWER: the range of one's authority, breadth, or
opportunity to function
Different levels of diplomatic immunity - CORRECT ANSWER: 1. Diplomatic agents and family are immune from criminal prosecution and civil law suits
- Admin and technical staff members of embassies have lower level
- Consular officers serving in consulates throughout the county have an even lower
level
- Members of embassy service staff and consular are immune only for acts performed
as part of their official duties
Do the courts recognize the police officer's authority to search individuals without a
search warrant incident to their arrest? - CORRECT ANSWER: yes
Do the police need a search warrant to search digital information on a cell phone? -
CORRECT ANSWER: yes; can search outside, physical aspects of phone only
Does an officer have to live in the jurisdiction that he is serving a warrant? (OCGA 17-4-
25) - CORRECT ANSWER: no 2 / 3
Does the Good Faith Exception apply in Georgia? - CORRECT ANSWER: No
Even if evidence was obtained in violation of the 4th amendment, when are the courts
not required to return property to the defendant? - CORRECT ANSWER: even though
the evidence was found unlawfully, if the evidence is contraband, it is not to be returned to the defendant
evidence seized illegally violated what clause of what amendment? - CORRECT ANSWER: due process of the 14th amendment, or some provision of the Bill of Rights
Example of actual seizure - CORRECT ANSWER: physically detaining a suspect
Example of constructive seizure - CORRECT ANSWER: saying, "STOP, POLICE!" and the suspect stopping
Facts of the case in US v. Leon - CORRECT ANSWER: a search warrant was executed
based on an affidavit signed by a judge and reviewed by three DA's
Large quantities of drugs were seized but were suppressed due to the lack of probable cause for the original search warrant
officers had good faith executing the search warrant, they are not expected to question the judge's decision
Facts of the case in Weeks v. United States - CORRECT ANSWER: lottery tickets and related documents were seized from Weeks's home without a search warrant
Five requirements of a roadblock - CORRECT ANSWER: 1. supervisory officers
decided when and where to implement it for a legitimate purpose
- all vehicles were stopped
- the delay to motorists was minimal
- the operation was well-identified as a police checkpoint
- the screening officer was competent to determine which motorists should be given
field tests for intoxication
How did the Maryland v. Buie case define a protective sweep? - CORRECT ANSWER:
a QUICK and LIMITED search of premises, incident to an arrest and conducted to protect police officers or others
how does the person that you are attempting to arrest know what you are trying to do? -
CORRECT ANSWER: if you tell them what you are doing
how many days to execute a search warrant? - CORRECT ANSWER: ten
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