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Missouri POST Test Study Guide (Answered 100% Correctly) Latest 2024-2025 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 t
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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
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. Type of seizure, justification, force used, type of search, and is Miranda issued 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. Type of seizure, justification, force used, type of search, and is Miranda issued during an arrest Complete seizure, probable cause as justification, reasonable force can be used, search incident to arrest, and Miranda can be read. Leaping area search 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 Age, sex, and type of offense. Must be separated by sight and sound. Search warrant is valid for Ten days
Any area which would normally be considered part of a curtilage but which is freely accessible to members of the public. Private Property 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 Supreme Court ruling that a LEO can check a person for weapons for officer safety. Terry Frisk A pat down of the outer and inner-outer clothing for weapons. Search Incident to Arrest 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 Allows the search of a motor vehicle without a search warrant (still have to have probable cause). Types of Offenses Misdemeanor and Felony Felony Classes
Five: A, B, C, D, E Misdemeanor Classes Four: A, B, C, D Class A Felony Minimum 10 years in prison, or up to 30 years or life or death penalty. Class B Felony Minimum of 5 years in prison, and up to 15 years. Class C Felony Minimum of 3 years in prison, and up to 10 years. Class D Felony 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 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 1 day up to 1 year in County Jail and/or a fine of $1-2,000. Class B Misdemeanor 1 day up to 6 months in County Jail and/or a fine of $1-1,000. Class C Misdemeanor
Culpable Mental States Knowingly, Purposely, Recklessly, Criminal Negligence Entrapment A law enforcement officer or person acting in cooperation with him/her, for the purpose of obtaining evidence of an offense, solicits, encourages or otherwise induces another to engage in criminal conduct. Only offense that can result in the death penalty First degree murder Awareness Spectrum Codes Condition White: State of environmental unawareness Condition Yellow: Relaxed but alert, conscious but not tense Condition Orange: State of alarm Condition Red: Something appears wrong and actually is wrong Condition Black: Panic, misdirected frenzy, paralysis Unacceptable awareness spectrum codes White and black Critical Periods for Emotional Stress Initial arrest and booking, personal searches, after court appearances, and after visits, especially family members. L-CYMBOL-L
Location- Color, Year, Make, Body, Occupants, License- Location CBRNE Chemical, Biological, Radiological, Nuclear, Explosive BNICE Biological, Nuclear, Incendiary, Chemical, Explosive RAIN Recognize Avoid Isolate Notify When preparation for trial begins When you get dispatched to the call Types of physical evidence Solid, semi-solid, and liquid What DNA evidence is packaged in Paper bags Types of fingerprint evidence Latent- Left on surfaces, but not visible to human eye Patent- Visible fingerprints on surfaces Types of fingerprints
Scanning, panning, power surge, mirror, patrol speed, and batching. New Jersey v. Dantonio Supreme Court ruling recognizing the scientific soundness of doppler radar State of Connecticut v. Tomanelli Supreme Court ruling that tuning forks are accurate testing tools for RADAR Thomas v. City of Norfolk Supreme Court ruling that a test at the beginning and end of your shift is sufficient to maintain a RADAR unit Honeycutt v. Commonwealth of Kentucky Supreme Court ruling that the operator knows how to set up, test, and read the instrument State of Wisconsin v. Hanson Supreme Court ruling that the operator has had the sufficient training for RADAR Proper time and date format for STARS report 24 - hour military time and MM-DD-YYYY STARS Statewide Traffic Accident Report System MUCR Missouri Uniform Crash Report Statutory deadline for completion of MUCR
10 days Late Death Criteria for updating crash reports 30 days Proper lane numbering sequence Inside to outside Measuring methods for diagramming Coordinate and Triangulation Types of evidence requiring immediate measurement Temporary and short-lived Motor Vehicle Crash At least one motor vehicle involvement in at least one harmful event of an unintentional act and not a catacylsm. First Harmful Event First injury, death, or damage-producing event Unstabilized event Events that occur during a loss of control Stabilized event End of an unstabilized event, generally when an object comes to rest First Contact Beginning of a collision
Low self-esteem Traditional values Religious and cultural beliefs Guilt Dependent behavior Minimization Made to feel responsible for punishment Stress reactions Believes no one can help Unrealistic hope / belief system Characteristics of batterers/controller Insecure Strong fear of displaying weakness Extremely dependent Extremely jealous Poor impulse control Projects blame Witnessed / abused as child Drugs / Alcohol Extreme mood swings
Views wife/husband and children as objects / property Difficulty communicating Poor identification Lack of responsibility / accountability Characteristics of children in a DV home Take responsibility for abuse Anxiety Guilt Fear of abandonment Stress-related illness Disruption of eating and sleeping patterns Behavioral Males are more likely to be abusers as adults Major factor contributing to teenage runaways Mental Disorder A syndrome characterized by clinically significant disturbance in an individual's cognition or emotional regulation, or behavior that reflects a dysfunction in the psychological, biological, or developmental processes underlying mental functioning. Personality Disorder
Pushing / Shoving Restraining to prevent leaving Slapping / Biting Kicking / Choking Hitting / Punching Throwing objects Locking partner in / out of house Abandoning partner in dangerous place Refusing to aid sick partner Subjecting partner to reckless driving Forcing partner's car off road Threatening / hurting with weapon Examples of sexual abuse Regularly treats/speaks of women as sex objects, Insist partner dress in a more sexual way than she wants, Assumes partner would have sex with any man, Minimizes partner's feelings about sex, Criticizes partner about sex, Insists on unwanted/uncomfortable touching, Withholds sex/affection as punishment, Calls partner sexual names, Forces/coerces partner to strip, Publicly shows sexual interest in others, Has affairs, Forces partner to have sex with him/others, Forces
unwanted sex acts, Forces sex after/during violent acts, Forces sex when partner is sick, Forces sex to hurt partner, Commits sadistic sexual acts Center of wheel Need for power and control Spokes of wheel How the abuser maintains control Outer ring of wheel Physical and sexual abuse when emotional abuse fails Phase 1 of Violence Tension building Phase 2 of Violence Violent eruption Phase 3 of Violence Calm, Loving, Denial (Honeymoon) Why victims don't leave Low self-esteem, Economic dependence, Keeping the family together, Guilt, Promises of change, Emotional dependence, Fear of insanity, Isolation, No place to go / resources, Learned behavior, Societal attitudes, Traditional value system, Fear loss of children, Fear death Primary Physical Agressor