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2020 Missouri POST Test Study Guide correctly answered 2024
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2020 Missouri POST Test Study Guide correctly answered 2024
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2020 Missouri POST Test Study Guidecorrectly answered 2024 passed
Tort - CORRECT ANSWER-A private or civil wrong or injury, other than a breach
of contract.
Preponderance of evidence - CORRECT ANSWER-The amount of information
needed to decide in favor of a party in a civil suit. It consists of more than fifty
percent of the believable evidence in favor of the party's suit or defense. One
more fact than the other party has established.
Proof beyond a reasonable doubt - CORRECT ANSWER-The amount of
information needed to convict a person of a crime. It is enough evidence to
eliminate all reasonable objections to the prosecution's case against a suspect. It
is not absolute proof, but it is more than probable cause.
Summons - CORRECT ANSWER-Papers requiring you to appear in civil or
criminal court.
Bill of Rights - CORRECT ANSWER-First 10 amendments of the constitution that
guarantees rights to all U.S. citizens.
Exceptions to the First Amendment - CORRECT ANSWER-Obscenities, fighting
words, commercial speech, defamation: slander (spoken) or libel (written),
incendiary speech, and time, place, and manner restrictions on speech.
Nexus - CORRECT ANSWER-Connection
Amendments typically applied to LEO's - CORRECT ANSWER-1st, 4th, 5th, 6th,
and 8th
4th Amendment - CORRECT ANSWER-Citizens are protected against
unreasonable searches and seizures against their person, property, and papers.
,5th Amendment - CORRECT ANSWER-Protection against self-incrimination and
double jeopardy. Can not hold a person without presentment or indictment of a
grand jury.
6th Amendment - CORRECT ANSWER-Right to a speedy and public trial. Right
to face accuser. Right to have counsel.
8th Amendment - CORRECT ANSWER-Right not to have excessive bail, unjust
fines, or unjust punishment.
14th Amendment - CORRECT ANSWER-Establishes primacy of federal
government over state government. U.S. citizen first.
Branches of the Government - CORRECT ANSWER-Legislative, Executive,
Judicial
Branch of government LEO's a part of - CORRECT ANSWER-Executive, but
evidence is part of the judicial
Exclusionary Rule - CORRECT ANSWER-Any evidence which is obtained
illegally must be excluded from trial.
Booking process - CORRECT ANSWER-An administrative process which
records pedigree information and inventory of personal belongings is authorized.
This is not subject to Miranda.
Twenty-Four Hour Rule - CORRECT ANSWER-Statute that requires a suspect in
custody be released after twenty-four hours if no warrant is issued.
Chain of Custody - CORRECT ANSWER-Documenting a seized item's
whereabouts from seizure until introduction into court.
Best Evidence Rule - CORRECT ANSWER-States that the original of a piece of
documentary evidence must be entered as evidence, unless the original is lost or
destroyed through no fault of the party offering it.
, Exceptions to the Exclusionary Rule - CORRECT ANSWER-Impeachment,
Independent Source, Inevitable Discovery, and Good Faith
Miranda v. Arizona - CORRECT ANSWER-Supreme Court ruled that all suspects
must be read their rights prior to being questioned. Protects the 5th Amendment.
Miranda equation - CORRECT ANSWER-Custody + Interrogation/Guilt-Seeking
Questions
Exceptions to Miranda - CORRECT ANSWER-Undercover officers and private
citizens without LEO involvement
Custody - CORRECT ANSWER-Reasonable belief that you are not free to leave
Miranda Warning Content - CORRECT ANSWER-You have the right to remain
silent;
Anything you say can and will be held against you in a court of law;
You have the right to talk with an attorney and him/her present while you are
questioned;
If you can not afford an attorney, one will be appointed to you;
You can decide at any time to exercise these rights;
Do you understand these rights?
When you should reread Miranda - CORRECT ANSWER-Significant passage of
time, change in personnel interrogating, or change in location.
Freedom of Movement - CORRECT ANSWER-Contact, Detention, Arrest.
Type of seizure, justification, force used, type of search, and is Miranda issued
during a voluntary contact - CORRECT ANSWER-No seizure, mere hunch or
suspicion as justification, no force used, no search administered, and Miranda is
not read.
Type of seizure, justification, force used, type of search, and is Miranda issued
during a temporary detention - CORRECT ANSWER-Limited seizure of time,
reasonable suspicion as justification, non-deadly force reasonably used, frisk for
weapons is permissible, and Miranda generally isn't read.
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