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