Missouri POST Test Study Guide |
Exam Questions with Verified
Answers | Graded A
‣ 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.
Exam Questions with Verified
Answers | Graded A
‣ 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.
