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2020 Missouri POST Test Study Guide
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2020 Missouri POST Test Study Guide
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2020 MISSOURI POST TEST STUDYGUIDE
b Tort - A private or civil wrong or injury, other than a breach of contract.
Preponderance of evidence - 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 - 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 - Papers requiring you to appear in civil or criminal court.
Bill of Rights - First 10 amendments of the constitution that guarantees rights to all U.S. citizens.
Exceptions to the First Amendment - Obscenities, fighting words, commercial speech, defamation:
slander (spoken) or libel (written), incendiary speech, and time, place, and manner restrictions on
speech.
Nexus - Connection
Amendments typically applied to LEO's - 1st, 4th, 5th, 6th, and 8th
4th Amendment - Citizens are protected against unreasonable searches and seizures against their
person, property, and papers.
5th Amendment - Protection against self-incrimination and double jeopardy. Can not hold a person
without presentment or indictment of a grand jury.
6th Amendment - Right to a speedy and public trial. Right to face accuser. Right to have counsel.
8th Amendment - Right not to have excessive bail, unjust fines, or unjust punishment.
14th Amendment - Establishes primacy of federal government over state government. U.S. citizen first.
Branches of the Government - Legislative, Executive, Judicial
Branch of government LEO's a part of - Executive, but evidence is part of the judicial
Exclusionary Rule - Any evidence which is obtained illegally must be excluded from trial.
Booking process - An administrative process which records pedigree information and inventory of
personal belongings is authorized. This is not subject to Miranda.
Twenty-Four Hour Rule - Statute that requires a suspect in custody be released after twenty-four hours if
no warrant is issued.
, Chain of Custody - Documenting a seized item's whereabouts from seizure until introduction into court.
Best Evidence Rule - 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 - Impeachment, Independent Source, Inevitable Discovery, and Good
Faith
Miranda v. Arizona - Supreme Court ruled that all suspects must be read their rights prior to being
questioned. Protects the 5th Amendment.
Miranda equation - Custody + Interrogation/Guilt-Seeking Questions
Exceptions to Miranda - Undercover officers and private citizens without LEO involvement
Custody - Reasonable belief that you are not free to leave
Miranda Warning Content - 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 - Significant passage of time, change in personnel interrogating, or
change in location.
Freedom of Movement - Contact, Detention, Arrest.
Type of seizure, justification, force used, type of search, and is Miranda issued during a voluntary contact
- 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 - Limited seizure of time, reasonable suspicion as justification, non-deadly force reasonably
used, frisk for weapons is permissible, and Miranda generally isn't read.
Type of seizure, justification, force used, type of search, and is Miranda issued during an arrest -
Complete seizure, probable cause as justification, reasonable force can be used, search incident to
arrest, and Miranda can be read.
Leaping area search - Ability to search for evidence or contraband anywhere within reaching and leaping
distance of a person upon arrest.
Criteria that prisoners must be separated by - Age, sex, and type of offense. Must be separated by sight
and sound.
Search warrant is valid for - Ten days
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