Missouri POST Test Study Guide Question and Answers Verified.

Missouri POST Test Study Guide Question and Answers Verified. Tort - A private or civil wrong or injury, other than a breach of contract. Preponderance of evidence - 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 - 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 - Papers requiring you to appear in civil or criminal court. Bill of Rights - First 10 amendments of the constitution that guarantees rights to all U.S. citizens. Exceptions to the First Amendment - Obscenities, fighting words, commercial speech, defamation: slander (spoken) or libel (written), incendiary speech, and time, place, and manner restrictions on speech. Nexus - Connection Amendments typically applied to LEO's - 1st, 4th, 5th, 6th, and 8th 4th Amendment - Citizens are protected against unreasonable searches and seizures against their person, property, and papers. 5th Amendment - Protection against self-incrimination and double jeopardy. Can not hold a person without presentment or indictment of a grand jury. 6th Amendment - Right to a speedy and public trial. Right to face accuser. Right to have counsel. 8th Amendment - Right not to have excessive bail, unjust fines, or unjust punishment. 14th Amendment - Establishes primacy of federal government over state government. U.S. citizen first. Branches of the Government - Legislative, Executive, Judicial Branch of government LEO's a part of - Executive, but evidence is part of the judicial Exclusionary Rule - Any evidence which is obtained illegally must be excluded from trial. Booking process - An administrative process which records pedigree information and inventory of personal belongings is authorized. This is not subject to Miranda. Twenty-Four Hour Rule - Statute that requires a suspect in custody be released after twenty-four hours if no warrant is issued. Chain of Custody - Documenting a seized item's whereabouts from seizure until introduction into court. Best Evidence Rule - 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 - Impeachment, Independent Source, Inevitable Discovery, and Good Faith Miranda v. Arizona - Supreme Court ruled that all suspects must be read their rights prior to being questioned. Protects the 5th Amendment. Miranda equation - Custody + Interrogation/Guilt-Seeking Questions Exceptions to Miranda - Undercover officers and private citizens without LEO involvement Custody - Reasonable belief that you are not free to leave Miranda Warning Content - 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 - Significant passage of time, change in personnel interrogating, or change in location. Freedom of Movement - Contact, Detention, Arrest. Type of seizure, justification, force used, type of search, and is Miranda issued during a voluntary contact - No seizure, mere hunch or suspicion as justification, no force used, no search administered, and Miranda is not read.