2023//2024 Missouri POST Test Study Guide

2023//2024 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 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. 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; 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 - ANSWER Significant passage of time, change in personnel interrogating, or change in location. Freedom of Movement - ANSWER Contact, Detention, Arrest. Type of seizure, justification, force used, type of search, and is Miranda issued during a voluntary contact - 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 - 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. Type of seizure, justification, force used, type of search, and is Miranda issued during an arrest - ANSWER Complete seizure, probable cause as justification, reasonable force can be used, search incident to arrest, and Miranda can be read. Leaping area search - ANSWER 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 - ANSWER Age, sex, and type of offense. Must be separated by sight and soun