MISSOURI POST COMPREHENSIVE QUESTIONS
AND ANSWERS SURE A+
✔✔Q: Generally speaking a search warrant for a particular place for a particular item
will justify a personal search for any occupants found at the location even if those
persons are not named in the warrant? - ✔✔A: FALSE. Must be stated in the search
warrant signed by the judge to "search any and all occupants found at that location".
Curtledge- area around the home or business to which the daily activities have been
extended and the owner would seek to have the same privacy privilege there as he
would inside the home or place of business.
✔✔Q: "Plain view seizure" to be legal the officer must be where he or she is entitled to
be and must immediately recognize the items to be seized as evidence control
substance or contraband? - ✔✔A. True. Two things ; Lawfully be where you're at when
you see what you see and recognize it as evidence, controlled substance, and
contraband (Cannot handle the evidence, controlled substance or contraband to check
if it is what it is)
✔✔Q: Stop and Frisk- can you squeeze shoulder bags and soft containers in their
personal possession? - ✔✔A: True as long as you are checking for weapons. Cannot
go in the bag or container on a frisk. Can go into them during a search.
✔✔Q: The scope of a search incidents associated into a lawful arrest includes? - ✔✔A:
Search the person and area within the persons immediate touch and control.
✔✔Q: You observe and unconscious person in the park and you check for injuries and
call an ambulance. In your mind the symptoms this person is suffering diabetic seizures.
Is it legal to look on around or on the person for a medical alert tag or card? - ✔✔A: This
is legal because emergency or exertive circumstances for the health and welfare of the
individual. If you find drugs on the person you can legally arrest the person let the
ambulance crew know and put it in the report. You were not looking into the bag for
evidence.
, ✔✔Q: You are asking guild seeking questions, you haven't used any physical force, and
you've only currently just asked for the conversation to take place. The suspect is
nervous and suspect believes he or she cannot leave or that he or she can refuse to
answer do Miranda rights be given? - ✔✔A: TRUE. Because it is what the suspect
believes "cannot leave and can refuse to answer" that matters for Miranda issues.
✔✔Q: There are two general requirements for a person to be found criminally reliable. -
✔✔A: 1. Persons conduct must be a voluntary act. 2. Culpable mental state.
Tennessee vs Garner obligated by 4th amendment to give warning to use deadly force
"if feasible".
MO Statutory law defines four instances in which you may use force to include deadly
force by statute
A Missouri officer has a criminal defense if you reasonable believe it is immediately
necessary to use deadly force and:
1. The person you are going to use deadly force against is a fleeing felon
2. Armed and Dangerous
3. Resisting arrest by use of a dangerous or a deadly weapon
4. If you believe if not prohibited right now without delay they are going to go out and
continue to casue harm, death, or serious bodily harm to the public
** to be in compliance with the supreme court case you should not use the fleeing felon
element as a standalone defense
✔✔Q: Only one statue in Missouri allows for the death sentence or life sentence without
probation or parole? - ✔✔A: Murder in the first degree
✔✔Q: First Degree Murder? - ✔✔A: Intentionally causing the death of another person
after deliberating about it
✔✔Q: Felony Murder rule? - ✔✔A: If a person while in the commission of a felony or
while fleeing from a felony causes the death of another human being
✔✔Q: Second degree Murder? - ✔✔A: A person commits the crime of murder in the
second degree if he/she:
(1) Knowingly causes the death of another person or, with the purpose of causing
serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted
perpetration of such felony or in the flight from the perpetration or attempted
perpetration of such felony, another person is killed as a result of the perpetration or
attempted perpetration of such felony or immediate flight from the perpetration of such
felony or attempted perpetration of such felony.
**There is no Breaking and entering in Missouri. It is either Theft, Robbery or Burglary
AND ANSWERS SURE A+
✔✔Q: Generally speaking a search warrant for a particular place for a particular item
will justify a personal search for any occupants found at the location even if those
persons are not named in the warrant? - ✔✔A: FALSE. Must be stated in the search
warrant signed by the judge to "search any and all occupants found at that location".
Curtledge- area around the home or business to which the daily activities have been
extended and the owner would seek to have the same privacy privilege there as he
would inside the home or place of business.
✔✔Q: "Plain view seizure" to be legal the officer must be where he or she is entitled to
be and must immediately recognize the items to be seized as evidence control
substance or contraband? - ✔✔A. True. Two things ; Lawfully be where you're at when
you see what you see and recognize it as evidence, controlled substance, and
contraband (Cannot handle the evidence, controlled substance or contraband to check
if it is what it is)
✔✔Q: Stop and Frisk- can you squeeze shoulder bags and soft containers in their
personal possession? - ✔✔A: True as long as you are checking for weapons. Cannot
go in the bag or container on a frisk. Can go into them during a search.
✔✔Q: The scope of a search incidents associated into a lawful arrest includes? - ✔✔A:
Search the person and area within the persons immediate touch and control.
✔✔Q: You observe and unconscious person in the park and you check for injuries and
call an ambulance. In your mind the symptoms this person is suffering diabetic seizures.
Is it legal to look on around or on the person for a medical alert tag or card? - ✔✔A: This
is legal because emergency or exertive circumstances for the health and welfare of the
individual. If you find drugs on the person you can legally arrest the person let the
ambulance crew know and put it in the report. You were not looking into the bag for
evidence.
, ✔✔Q: You are asking guild seeking questions, you haven't used any physical force, and
you've only currently just asked for the conversation to take place. The suspect is
nervous and suspect believes he or she cannot leave or that he or she can refuse to
answer do Miranda rights be given? - ✔✔A: TRUE. Because it is what the suspect
believes "cannot leave and can refuse to answer" that matters for Miranda issues.
✔✔Q: There are two general requirements for a person to be found criminally reliable. -
✔✔A: 1. Persons conduct must be a voluntary act. 2. Culpable mental state.
Tennessee vs Garner obligated by 4th amendment to give warning to use deadly force
"if feasible".
MO Statutory law defines four instances in which you may use force to include deadly
force by statute
A Missouri officer has a criminal defense if you reasonable believe it is immediately
necessary to use deadly force and:
1. The person you are going to use deadly force against is a fleeing felon
2. Armed and Dangerous
3. Resisting arrest by use of a dangerous or a deadly weapon
4. If you believe if not prohibited right now without delay they are going to go out and
continue to casue harm, death, or serious bodily harm to the public
** to be in compliance with the supreme court case you should not use the fleeing felon
element as a standalone defense
✔✔Q: Only one statue in Missouri allows for the death sentence or life sentence without
probation or parole? - ✔✔A: Murder in the first degree
✔✔Q: First Degree Murder? - ✔✔A: Intentionally causing the death of another person
after deliberating about it
✔✔Q: Felony Murder rule? - ✔✔A: If a person while in the commission of a felony or
while fleeing from a felony causes the death of another human being
✔✔Q: Second degree Murder? - ✔✔A: A person commits the crime of murder in the
second degree if he/she:
(1) Knowingly causes the death of another person or, with the purpose of causing
serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted
perpetration of such felony or in the flight from the perpetration or attempted
perpetration of such felony, another person is killed as a result of the perpetration or
attempted perpetration of such felony or immediate flight from the perpetration of such
felony or attempted perpetration of such felony.
**There is no Breaking and entering in Missouri. It is either Theft, Robbery or Burglary
