GA Bar Criminal Procedure 5

Question 1

The 'fruit of the poisonous tree' doctrine provides that:

Accepted Answer

Evidence derived from an unconstitutional search or seizure is also inadmissible

Answer

The fruit of the poisonous tree doctrine extends the exclusionary rule to secondary evidence derived from an initial constitutional violation, not just the primary illegally seized evidence.

Question 2

Under the good faith exception established in United States v. Leon, evidence will not be suppressed when:

Accepted Answer

Officers acted in objectively reasonable reliance on a facially valid warrant later found defective

Answer

Leon's good faith exception prevents suppression of evidence obtained by officers who reasonably and objectively relied on a facially valid warrant that was subsequently found to be defective.

Question 3

The attenuation doctrine permits admission of evidence tainted by an unlawful search when:

Accepted Answer

The causal connection between the illegality and the evidence has become sufficiently attenuated

Answer

Under Brown v. Illinois, the attenuation doctrine allows admission of otherwise tainted evidence when the causal link between the constitutional violation and the evidence has sufficiently dissipated.

Question 4

Under Georgia's speedy trial demand statute (O.C.G.A. § 17-7-170), if a defendant files a valid demand for trial:

Accepted Answer

The defendant must be tried at the next two regular court terms after the demand or be entitled to discharge

Answer

O.C.G.A. § 17-7-170 requires that a defendant who demands trial be tried within the next two regular court terms after the demand or be automatically discharged.

Question 5

To have standing to challenge an allegedly unconstitutional search, a defendant must demonstrate:

Accepted Answer

A personal, legitimate expectation of privacy in the area searched or the items seized

Answer

Fourth Amendment standing requires the defendant to show a personal and legitimate expectation of privacy in the area searched or the item seized—the right is personal, not derivative.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Criminal Procedure 5