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EUNICE
2020 Missouri POST Test Study Guide WITH QUESTIONS AND 100%
SURE ANSWERS
Terms in this set (165)
Tort A private or civil wrong or injury, other than a breach of contract.
The amount of information needed to decide in favor of a party in a civil suit. It consists
Preponderance of evidence 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.
The amount of information needed to convict a person of a crime. It is enough
Proof beyond a reasonable doubt 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.
Obscenities, fighting words, commercial speech, defamation: slander (spoken) or libel
Exceptions to the First Amendment
(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
Citizens are protected against unreasonable searches and seizures against their person,
4th Amendment
property, and papers.
Protection against self-incrimination and double jeopardy. Can not hold a person
5th Amendment
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.
An administrative process which records pedigree information and inventory of
Booking process
personal belongings is authorized. This is not subject to Miranda.
Statute that requires a suspect in custody be released after twenty-four hours if no
Twenty-Four Hour Rule
warrant is issued.
Chain of Custody Documenting a seized item's whereabouts from seizure until introduction into court.
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States that the original of a piece of documentary evidence must be entered as
Best Evidence Rule 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
Supreme Court ruled that all suspects must be read their rights prior to being
Miranda v. Arizona
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
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
Miranda Warning Content 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, No seizure, mere hunch or suspicion as justification, no force used, no search
type of search, and is Miranda issued during administered, and Miranda is not read.
a voluntary contact
Type of seizure, justification, force used, Limited seizure of time, reasonable suspicion as justification, non-deadly force
type of search, and is Miranda issued during reasonably used, frisk for weapons is permissible, and Miranda generally isn't read.
a temporary detention
Type of seizure, justification, force used, Complete seizure, probable cause as justification, reasonable force can be used,
type of search, and is Miranda issued during search incident to arrest, and Miranda can be read.
an arrest
Ability to search for evidence or contraband anywhere within reaching and leaping
Leaping area search
distance of a person upon arrest.
Criteria that prisoners must be separated by Age, sex, and type of offense. Must be separated by sight and sound.
Search warrant is valid for Ten days
Stale information Information older than 24-36 hours
You knock on the door several times and announce yourself clearly and loudly so that a
Knock-and-Announce Warrant
reasonable person can hear it.
You breach the door without announcing yourself or knocking. Only used in situations
No-Knock Warrant
where evidence is known to be destroyed or can be eliminated.
Any area of public or private land in which the owner has no legitimate expectation of
Open Field
privacy, but is not curtilage.
Grounds and buildings immediately surrounding a house or other living space which
Curtilage are commonly used for family and/or other home-life activities and are not granted
public area status either by convention.
Any area to which the public has unrestricted access and which is not part of an area
Public Area
which would normally be considered curtilage.
Any area which would normally be considered part of a curtilage but which is freely
Quasi-Public Area
accessible to members of the public.
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