POST Test Study Guide| Complete Questions and Verified answers| Latest

POST Test Study Guide| Complete Questions and Verified answers| Latest What 2 conditions must exist to require a Miranda Warning? 1.) Custody 2.) Interoggation What are the different types of interview locations? 1.) Stationhouse Interview 2.) Home Interview 3.) Scene Interview 4.) Hospital Interview Stationhouse Interview - Miranda may not be needed, statements made are typically found to be custodial in nature - People arrive at stationhouse under their own free will Home Interview - A person at home feels free to move/leave so Miranda is not required - If person is cuffed/in custody, MIRANDA IS REQUIRED Scene Interview - Officer is questioning to determine WHAT HAS HAPPENED - This is not an interrogation - MIRANDA IS NOT REQUIRED Hospital Interview - Can suspect consent to Miranda (under medication, etc.)? - If guards are posted/suspect restrained, interview is custodial What factors determine whether someone is in custody? - Time/Place/Purpose of encounter - Persons present (multiple officers, intimidation?) - Tone of discussion - Length/Mode of discussion - Limitations/Restraints A Miranda waiver must be: 1.) Knowing (aware that they can remain silent and forego that right. 2.) Intelligent (responsive and appear to have rational thought 3.) Voluntary (free will, has not been coerced or promised anything in return) What is the purpose of an interrogation? Designed to illicit and an incriminating response What can invalidate a Miranda waiver? - Language Barriers - Intoxication When is a Miranda Warniing not required? - During investigatory detention OR if lawyer is present. - To take blood, fingerprints, hair, fibers (Rule 41.1) - Booking 60 days How many days does a person have to register a vehicle after purchase? 30 days How many days does a new resident have to register their vehicle? - Between the hours of 5:00 pm and 8:00 am - Within 36 hours of purchase from private party - Saturday, Sunday or legal holiday - Bill of Sale - Proof of Insurance When can a person operate an unregistered vehicle before registering it? - Class 1 Misdemeanor What is the penalty for operating a motor vehicle under a REVOCATED LICENSE? A driver's license that has been DENIED, REVOCKED or SUSPENDED. What constitutes a "Restrained" License? - 5 days to 6 months in jail AND/OR - $50 to $500 fine What is the penalty for operating a motor vehicle while "Driving Under Restraint"? - Give immediate notice/location to nearest police officer - Return/Remain on scene until police arrive - Duty of police to submit reports/complete investigation within 5 days What are the duties entailed in 42-4-1606 "Duty To Report Accidents"?