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Exam (elaborations)

Missouri POST Test Study Guide

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Missouri POST Test Study Guide Tort - answerA private or civil wrong or injury, other than a breach of contract. Preponderance of evidence - answerThe 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 ...

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  • October 18, 2024
  • 20
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Missouri
  • Missouri
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sirjoel
©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM


Missouri POST Test Study Guide


Tort - answer✔A private or civil wrong or injury, other than a breach of contract.


Preponderance of evidence - 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 - 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 - answer✔Papers requiring you to appear in civil or criminal court.


Bill of Rights - answer✔First 10 amendments of the constitution that guarantees rights to all U.S.

citizens.


Exceptions to the First Amendment - answer✔Obscenities, fighting words, commercial speech,

defamation: slander (spoken) or libel (written), incendiary speech, and time, place, and manner

restrictions on speech.


Nexus - answer✔Connection

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

Amendments typically applied to LEO's - answer✔1st, 4th, 5th, 6th, and 8th


4th Amendment - answer✔Citizens are protected against unreasonable searches and seizures

against their person, property, and papers.


5th Amendment - answer✔Protection against self-incrimination and double jeopardy. Can not

hold a person without presentment or indictment of a grand jury.


6th Amendment - answer✔Right to a speedy and public trial. Right to face accuser. Right to

have counsel.


8th Amendment - answer✔Right not to have excessive bail, unjust fines, or unjust punishment.


14th Amendment - answer✔Establishes primacy of federal government over state government.

U.S. citizen first.


Branches of the Government - answer✔Legislative, Executive, Judicial


Branch of government LEO's a part of - answer✔Executive, but evidence is part of the judicial


Exclusionary Rule - answer✔Any evidence which is obtained illegally must be excluded from

trial.


Booking process - answer✔An administrative process which records pedigree information and

inventory of personal belongings is authorized. This is not subject to Miranda.

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

Twenty-Four Hour Rule - answer✔Statute that requires a suspect in custody be released after

twenty-four hours if no warrant is issued.


Chain of Custody - answer✔Documenting a seized item's whereabouts from seizure until

introduction into court.


Best Evidence Rule - 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 - answer✔Impeachment, Independent Source, Inevitable

Discovery, and Good Faith


Miranda v. Arizona - answer✔Supreme Court ruled that all suspects must be read their rights

prior to being questioned. Protects the 5th Amendment.


Miranda equation - answer✔Custody + Interrogation/Guilt-Seeking Questions


Exceptions to Miranda - answer✔Undercover officers and private citizens without LEO

involvement


Custody - answer✔Reasonable belief that you are not free to leave


Miranda Warning Content - answer✔You have the right to remain silent;


Anything you say can and will be held against you in a court of law;

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