Missouri POST Test Study Guide
1. Tort: A private or civil wrong or injury, other than a breach of contract.
2. 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.
3. 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.
4. Summons: Papers requiring you to appear in civil or criminal court.
5. Bill of Rights: First 10 amendments of the constitution that guarantees rights to
all U.S. citizens.
6. 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.
7. Nexus: Connection
8. Amendments typically applied to LEO's: 1st, 4th, 5th, 6th, and 8th
9. 4th Amendment: Citizens are protected against unreasonable searches and
seizures against their person, property, and papers.
10. 5th Amendment: Protection against self-incrimination and double jeopardy. Can
not hold a person without presentment or indictment of a grand jury.
11. 6th Amendment: Right to a speedy and public trial. Right to face accuser. Right
to have counsel.
12. 8th Amendment: Right not to have excessive bail, unjust fines, or unjust pun-
ishment.
13. 14th Amendment: Establishes primacy of federal government over state gov-
ernment. U.S. citizen first.
14. Branches of the Government: Legislative, Executive, Judicial
15. Branch of government LEO's a part of: Executive, but evidence is part of the
judicial
16. Exclusionary Rule: Any evidence which is obtained illegally must be excluded
from trial.
17. Booking process: An administrative process which records pedigree informa-
tion and inventory of personal belongings is authorized. This is not subject to
Miranda.
18. Twenty-Four Hour Rule: Statute that requires a suspect in custody be released
after twenty-four hours if no warrant is issued.
19. Chain of Custody: Documenting a seized item's whereabouts from seizure until
introduction into court.
, Missouri POST Test Study Guide
20. Best Evidence Rule: States that the original of a piece of documentary evi-
dence must be entered as evidence, unless the original is lost or destroyed through
no fault of the party offering it.
21. Exceptions to the Exclusionary Rule: Impeachment, Independent Source,
Inevitable Discovery, and Good Faith
22. Miranda v. Arizona: Supreme Court ruled that all suspects must be read their
rights prior to being questioned. Protects the 5th Amendment.
23. Miranda equation: Custody + Interrogation/Guilt-Seeking Questions
24. Exceptions to Miranda: Undercover officers and private citizens without LEO
involvement
25. Custody: Reasonable belief that you are not free to leave
26. 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?
27. When you should reread Miranda: Significant passage of time, change in
personnel interrogating, or change in location.
28. Freedom of Movement: Contact, Detention, Arrest.
29. 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.
30. Type of seizure, justification, force used, type of search, and is Miranda is-
sued during a temporary detention: Limited seizure of time, reasonable suspicion
as justification, non-deadly force reasonably used, frisk for weapons is permissible,
and Miranda generally isn't read.
31. Type of seizure, justification, force used, type of search, and is Miranda
issued during an arrest: Complete seizure, probable cause as justification, rea-
sonable force can be used, search incident to arrest, and Miranda can be read.
32. Leaping area search: Ability to search for evidence or contraband anywhere
within reaching and leaping distance of a person upon arrest.
33. Criteria that prisoners must be separated by: Age, sex, and type of offense.
Must be separated by sight and sound.
34. Search warrant is valid for: Ten days
35. Stale information: Information older than 24-36 hours
36. Knock-and-Announce Warrant: You knock on the door several times and an-
nounce yourself clearly and loudly so that a reasonable person can hear it.
1. Tort: A private or civil wrong or injury, other than a breach of contract.
2. 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.
3. 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.
4. Summons: Papers requiring you to appear in civil or criminal court.
5. Bill of Rights: First 10 amendments of the constitution that guarantees rights to
all U.S. citizens.
6. 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.
7. Nexus: Connection
8. Amendments typically applied to LEO's: 1st, 4th, 5th, 6th, and 8th
9. 4th Amendment: Citizens are protected against unreasonable searches and
seizures against their person, property, and papers.
10. 5th Amendment: Protection against self-incrimination and double jeopardy. Can
not hold a person without presentment or indictment of a grand jury.
11. 6th Amendment: Right to a speedy and public trial. Right to face accuser. Right
to have counsel.
12. 8th Amendment: Right not to have excessive bail, unjust fines, or unjust pun-
ishment.
13. 14th Amendment: Establishes primacy of federal government over state gov-
ernment. U.S. citizen first.
14. Branches of the Government: Legislative, Executive, Judicial
15. Branch of government LEO's a part of: Executive, but evidence is part of the
judicial
16. Exclusionary Rule: Any evidence which is obtained illegally must be excluded
from trial.
17. Booking process: An administrative process which records pedigree informa-
tion and inventory of personal belongings is authorized. This is not subject to
Miranda.
18. Twenty-Four Hour Rule: Statute that requires a suspect in custody be released
after twenty-four hours if no warrant is issued.
19. Chain of Custody: Documenting a seized item's whereabouts from seizure until
introduction into court.
, Missouri POST Test Study Guide
20. Best Evidence Rule: States that the original of a piece of documentary evi-
dence must be entered as evidence, unless the original is lost or destroyed through
no fault of the party offering it.
21. Exceptions to the Exclusionary Rule: Impeachment, Independent Source,
Inevitable Discovery, and Good Faith
22. Miranda v. Arizona: Supreme Court ruled that all suspects must be read their
rights prior to being questioned. Protects the 5th Amendment.
23. Miranda equation: Custody + Interrogation/Guilt-Seeking Questions
24. Exceptions to Miranda: Undercover officers and private citizens without LEO
involvement
25. Custody: Reasonable belief that you are not free to leave
26. 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?
27. When you should reread Miranda: Significant passage of time, change in
personnel interrogating, or change in location.
28. Freedom of Movement: Contact, Detention, Arrest.
29. 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.
30. Type of seizure, justification, force used, type of search, and is Miranda is-
sued during a temporary detention: Limited seizure of time, reasonable suspicion
as justification, non-deadly force reasonably used, frisk for weapons is permissible,
and Miranda generally isn't read.
31. Type of seizure, justification, force used, type of search, and is Miranda
issued during an arrest: Complete seizure, probable cause as justification, rea-
sonable force can be used, search incident to arrest, and Miranda can be read.
32. Leaping area search: Ability to search for evidence or contraband anywhere
within reaching and leaping distance of a person upon arrest.
33. Criteria that prisoners must be separated by: Age, sex, and type of offense.
Must be separated by sight and sound.
34. Search warrant is valid for: Ten days
35. Stale information: Information older than 24-36 hours
36. Knock-and-Announce Warrant: You knock on the door several times and an-
nounce yourself clearly and loudly so that a reasonable person can hear it.
