Missouri POST Test Study Guide 2023
Questions and Answers with 100%
Complete and Verified solutions
Tort - CORRECT ANS A private or civil wrong or injury, other than a breach of
contract.
Preponderance of evidence - CORRECT ANS 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 - CORRECT ANS 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 - CORRECT ANS Papers requiring you to appear in civil or criminal
court.
Bill of Rights - CORRECT ANS First 10 amendments of the constitution that
guarantees rights to all U.S. citizens.
Exceptions to the First Amendment - CORRECT ANS Obscenities, fighting words,
commercial speech, defamation: slander (spoken) or libel (written), incendiary
speech, and time, place, and manner restrictions on speech.
Nexus - CORRECT ANS Connection
Amendments typically applied to LEO's - CORRECT ANS 1st, 4th, 5th, 6th, and 8th
4th Amendment - CORRECT ANS Citizens are protected against unreasonable
searches and seizures against their person, property, and papers.
5th Amendment - CORRECT ANS Protection against self-incrimination and double
jeopardy. Can not hold a person without presentment or indictment of a grand jury.
6th Amendment - CORRECT ANS Right to a speedy and public trial. Right to face
accuser. Right to have counsel.
8th Amendment - CORRECT ANS Right not to have excessive bail, unjust fines, or
unjust punishment.
14th Amendment - CORRECT ANS Establishes primacy of federal government
over state government. U.S. citizen first.
Branches of the Government - CORRECT ANS Legislative, Executive, Judicial
Branch of government LEO's a part of - CORRECT ANS Executive, but evidence is
part of the judicial
Exclusionary Rule - CORRECT ANS Any evidence which is obtained illegally must
be excluded from trial.
Booking process - CORRECT ANS An administrative process which records
pedigree information and inventory of personal belongings is authorized. This is not
subject to Miranda.
Twenty-Four Hour Rule - CORRECT ANS Statute that requires a suspect in
custody be released after twenty-four hours if no warrant is issued.
Chain of Custody - CORRECT ANS Documenting a seized item's whereabouts
from seizure until introduction into court.
,Missouri POST Test Study Guide 2023
Questions and Answers with 100%
Complete and Verified solutions
Best Evidence Rule - CORRECT ANS 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 - CORRECT ANS Impeachment, Independent
Source, Inevitable Discovery, and Good Faith
Miranda v. Arizona - CORRECT ANS Supreme Court ruled that all suspects must
be read their rights prior to being questioned. Protects the 5th Amendment.
Miranda equation - CORRECT ANS Custody + Interrogation/Guilt-Seeking
Questions
Exceptions to Miranda - CORRECT ANS Undercover officers and private citizens
without LEO involvement
Custody - CORRECT ANS Reasonable belief that you are not free to leave
Miranda Warning Content - CORRECT ANS 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 - CORRECT ANS Significant passage of time,
change in personnel interrogating, or change in location.
Freedom of Movement - CORRECT ANS Contact, Detention, Arrest.
Type of seizure, justification, force used, type of search, and is Miranda issued
during a voluntary contact - CORRECT ANS 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 - CORRECT ANS 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 - CORRECT ANS Complete seizure, probable cause as
justification, reasonable force can be used, search incident to arrest, and Miranda
can be read.
Leaping area search - CORRECT ANS 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 - CORRECT ANS Age, sex, and type
of offense. Must be separated by sight and sound.
Search warrant is valid for - CORRECT ANS Ten days
Stale information - CORRECT ANS Information older than 24-36 hours
Knock-and-Announce Warrant - CORRECT ANS You knock on the door several
times and announce yourself clearly and loudly so that a reasonable person can
hear it.
, Missouri POST Test Study Guide 2023
Questions and Answers with 100%
Complete and Verified solutions
No-Knock Warrant - CORRECT ANS You breach the door without announcing
yourself or knocking. Only used in situations where evidence is known to be
destroyed or can be eliminated.
Open Field - CORRECT ANS Any area of public or private land in which the owner
has no legitimate expectation of privacy, but is not curtilage.
Curtilage - CORRECT ANS Grounds and buildings immediately surrounding a
house or other living space which are commonly used for family and/or other home-
life activities and are not granted public area status either by convention.
Public Area - CORRECT ANS Any area to which the public has unrestricted access
and which is not part of an area which would normally be considered curtilage.
Quasi-Public Area - CORRECT ANS Any area which would normally be considered
part of a curtilage but which is freely accessible to members of the public.
Private Property - CORRECT ANS Items or real property which are intended for or
restricted to the use of one individual or group of individuals and in which there is
some vested right of possession.
Terry v. Ohio - CORRECT ANS Supreme Court ruling that a LEO can check a
person for weapons for officer safety.
Terry Frisk - CORRECT ANS A pat down of the outer and inner-outer clothing for
weapons.
Search Incident to Arrest - CORRECT ANS At the time of arrest, a LEO may search
for weapons and evidence on the person of the suspect and in the immediate area.
Motor Vehicle Exception - CORRECT ANS Allows the search of a motor vehicle
without a search warrant (still have to have probable cause).
Types of Offenses - CORRECT ANS Misdemeanor and Felony
Felony Classes - CORRECT ANS Five: A, B, C, D, E
Misdemeanor Classes - CORRECT ANS Four: A, B, C, D
Class A Felony - CORRECT ANS Minimum 10 years in prison, or up to 30 years or
life or death penalty.
Class B Felony - CORRECT ANS Minimum of 5 years in prison, and up to 15
years.
Class C Felony - CORRECT ANS Minimum of 3 years in prison, and up to 10
years.
Class D Felony - CORRECT ANS 1 day to 1 year in County Jail, or up to 7 years in
prison, and/or a fine of $1-10,000.
Class E Felony - CORRECT ANS 1 day up to 1 year in County Jail, or up to 4 years
in prison and/or a fine of $1-10,000.
Class A Misdemeanor - CORRECT ANS 1 day up to 1 year in County Jail and/or a
fine of $1-2,000.
Class B Misdemeanor - CORRECT ANS 1 day up to 6 months in County Jail and/or
a fine of $1-1,000.
Class C Misdemeanor - CORRECT ANS 1 day up to 15 days in County Jail, and/or
a fine of $1-750.
Class D Misdemeanor - CORRECT ANS Up to $500 fine.
