KY POST cheat sheet

Kentucky Penal Code is codified in KRS Title 50 (KRS Chapters 500-534); offenses are classified as felonies (Class A-D, capital) and misdemeanors (Class A-B) plus violations.

Class A felony: 20-50 years; Class B: 10-20; Class C: 5-10; Class D: 1-5 years. Class A misdemeanor: up to 12 months jail and/or fine up to $500; Class B: up to 90 days and/or fine up to $250.

KRS 507.020 murder requires intentional killing or wanton killing under circumstances manifesting extreme indifference to human life; intentional murder is capital-eligible, wanton murder is Class A.

KRS 503 justification defenses: use of physical force is justified to defend oneself or a third person against unlawful force when the actor believes such force is necessary; deadly force requires belief of imminent death or serious physical injury.

KRS 503.050(2) no duty to retreat applies where the actor is in a place they have a right to be and is not the initial aggressor; Kentucky has no statutory duty-to-retreat requirement before using justified deadly force.

KRS 431.005 arrest authority: officers may arrest without a warrant for any offense committed in their presence, for felonies not in presence when reasonable grounds exist, and for misdemeanors not in presence only in enumerated situations (e.g., domestic violence, DUI).

Kentucky requires a preliminary hearing within 10 days of arrest if the defendant is in custody on a felony complaint, unless waived or postponed for good cause (RCr 3.02).

Grand jury indictment is required for felony prosecution unless waived; misdemeanors proceed by information or complaint (RCr 6.02, 7.02).

Fourth Amendment reasonableness: warrantless searches are per se unreasonable unless they fall within a recognized exception (consent, exigency, search incident to arrest, automobile, plain view, inventory, Terry stop-and-frisk).

Terry v. Ohio: reasonable suspicion requires specific, articulable facts; a frisk requires reasonable suspicion the person is armed and dangerous.

Fifth Amendment Miranda custody plus interrogation triggers warnings; spontaneous statements and routine booking questions are not interrogation.

Sixth Amendment right to counsel attaches at formal charging and is offense-specific; Massiah applies to deliberate elicitation about the charged offense.

Fourteenth Amendment due process incorporates most Bill of Rights protections against states; substantive due process covers fundamental rights and shocks-the-conscience conduct.

First Amendment: speech restrictions must be content-neutral, narrowly tailored, and leave open alternative channels; public employees speaking as citizens on matters of public concern retain protection (Garcetti exception for job-duty speech).

Equal protection: strict scrutiny for suspect classifications (race, national origin, fundamental rights); intermediate for sex; rational basis for most other classifications.

Section 1983 requires state action plus deprivation of a federal right; qualified immunity shields officers unless clearly established law puts the violation beyond debate.

Traffic stop sequence: signal the stop, select a safe location, position the patrol vehicle offset for cover, notify dispatch with location and plate, then approach with awareness of traffic.

KRS 189.290 requires drivers to operate vehicles with reasonable care; KRS 189.380 governs following too closely; KRS 189.390 sets speed limits (35 mph urban, 55 mph rural unless posted).

KRS 189A.010 DUI: 0.08 BAC general threshold; 0.02 for under-21; commercial drivers 0.04. Refusal triggers license suspension under implied consent (KRS 189A.105).

Kentucky is an implied-consent state: any person operating a motor vehicle consents to testing; refusal results in revocation and refusal may be used at trial.

KRS 189.520 requires reporting crashes involving injury, death, or property damage above the statutory threshold; officers complete KSP Form 62 crash report.

High-risk stop: one officer gives clear verbal commands, cover officer maintains lethal coverage; approach from the passenger side if practical; never stand between vehicles.

KRS 186.620 requires operators to carry a license; KRS 304.39-117 requires proof of insurance; failure to produce is a violation, not an arrest default.

Pursuit decision factors: offense severity, traffic and pedestrian density, weather, road conditions, vehicle capabilities, and agency pursuit policy; terminate when risk outweighs need.

Chain of custody must be documented from seizure through final disposition; each transfer records date, time, from/to person, and purpose.

Crime scene priorities: render aid, secure and protect the scene, identify and separate witnesses, document conditions before alteration, then collect physical evidence.

Search warrant affidavit must establish probable cause with particularity as to place and items; stale information weakens probable cause.

Interview vs. interrogation: interviews are non-accusatory information gathering; interrogations are accusatory and require Miranda if custody applies.

Photograph and sketch before moving items; use scales and placards; record evidence location with measurements from fixed reference points.

Bodily evidence and buccal swabs require lawful authority (warrant, consent, or recognized exception); Birchfield v. North Dakota bars criminal penalties for warrantless blood draw refusal.

Eyewitness identification: use double-blind sequential procedures where feasible; avoid suggestive lineups; document witness confidence statement immediately after identification.

Case file completeness: offense report, supplemental narratives, evidence log, photographs, recorded statements, and CAD/radio logs.

Graham v. Connor objective reasonableness standard: severity of crime, immediate threat, and active resistance or flight, judged from the officer's perspective at the moment without hindsight.

Tennessee v. Garner: deadly force against a fleeing felon is unreasonable unless the officer has probable cause the suspect poses a significant threat of death or serious physical injury.

Force must be proportional and de-escalation should be attempted when feasible; continuous assessment of the subject's behavior governs escalation and de-escalation.

Duty to intervene: an officer who witnesses excessive force by another officer must intervene when in a position to do so (failure to intervene is actionable).

Duty to render medical aid after force is applied; document injuries, time of aid, and medical transport in the report.

Defensive tactics principles: maintain reactionary gap, control distance and positioning, use verbal commands, and rely on trained techniques rather than improvised strikes to the head/neck.

Reportable force typically includes any force above un-resisted handcuffing; each application is documented separately with time, technique, and effect.

Post-force documentation includes photographs of injuries to subject and officer, witness statements, BWC upload, and supervisory notification.

Kentucky statute (KRS 189.940) exempts authorized emergency vehicles from certain traffic laws only when operating with due regard for others' safety and with lights and siren as required.

Emergency vehicle operator must be trained and certified per agency policy; certification is typically required before operating in emergency mode.

Intersection clearing: slow, check for cross traffic, establish eye contact where possible, and never assume right-of-way; proceed only when safe.

Pursuit policy elements: initiation criteria, supervisory authorization, unit limitations, communications, termination criteria, and post-pursuit review.

Seatbelt use is required in emergency mode; unrestrained occupants are at high risk of ejection during pursuit or response.

Vehicle inspection before shift: tires, brakes, lights, siren, radio, and emergency equipment; document deficiencies and notify supervisor.

After a collision involving an agency vehicle: stop, render aid, notify dispatch and supervisor, complete required state crash report, and preserve BWC and vehicle data.

Report structure: who, what, when, where, why, how; include the elements of the offense for each charge and the facts supporting each element.

Use first person, past tense, plain language, and objective facts; distinguish observations from opinions and hearsay by attribution.

Include exact quotations of statements, times from dispatch and BWC, and names/identifiers for all persons involved.

Document Miranda: whether given, when, by whom, whether waived, and any invocation; note the exact words used.

Supplemental reports capture follow-up, evidence submission, and witness contacts; never alter a submitted report without a documented supplement.

Avoid conclusory labels (e.g., 'combative'); describe the specific behavior, words, and actions observed.

Cross-reference related case numbers, evidence numbers, and officer names; attach photographs and BWC index where policy requires.

Kentucky POST Code of Ethics: primary responsibility is to protect life, uphold the law, and serve the public; officers must not use position for personal gain.

Ethical decision framework: identify the issue, consider legal and policy requirements, consider consequences, consult supervision, and document the decision.

Gratuities and small favors can create obligations and erode impartiality; agency policy typically prohibits accepting anything of value for official action.

Brady obligations require disclosure of exculpatory and impeachment evidence; dishonesty in reports can permanently damage credibility on the stand.

Officer wellness: cumulative stress, vicarious trauma, and sleep deprivation affect decision-making; peer support and EAP are confidential resources.

Critical incident response: mandatory debriefing, administrative leave where applicable, and access to mental health professionals.

Confidentiality: criminal history, juvenile records, and medical information are restricted by statute and policy; release only through proper channels.

Procedural justice elements: voice, neutrality, respect, and trustworthiness; these predict public cooperation more than outcome favorability.

Implicit bias affects split-second decisions; countermeasures include structured decision criteria, slowing down when feasible, and peer review.

Cultural competence: recognize language barriers, use qualified interpreters, and avoid assumptions based on appearance, accent, or religion.

Community policing: build relationships through consistent presence, listening sessions, and problem-solving partnerships; measure by outcomes, not contacts.

De-escalation and communication skills reduce complaints; use names, explain actions, and acknowledge the person's perspective when safe.

Kentucky's diverse population includes urban, rural, Appalachian, immigrant, and refugee communities; tailor outreach to local needs.

Language access: Title VI requires meaningful access to services for limited-English-proficient persons; use agency-approved interpretation.

Relevance plus authentication is the baseline for admissibility; physical evidence requires chain of custody and a sponsoring witness.

Hearsay is an out-of-court statement offered for its truth; exceptions include excited utterance, present sense impression, business records, and public records.

Best evidence rule: original writing, recording, or photograph is required to prove its content unless an exception applies.

Lay opinion testimony is limited to opinions rationally based on perception and helpful to the factfinder; expert testimony requires qualification under KRE 702.

Testimony preparation: review reports and BWC, know the elements of each charge, and be prepared for cross-examination on gaps and inconsistencies.

Courtroom demeanor: answer only the question asked, do not guess, say 'I don't know' or 'I don't recall' when true, and request clarification if the question is unclear.

Brady/Giglio: disclosure of exculpatory and impeachment material is a continuing obligation; failure can void convictions and end careers.

Kentucky juvenile jurisdiction is in KRS Chapter 610 (District Court); juvenile proceedings are generally confidential and records restricted.

Juvenile custodial interrogation requires a parent or guardian opportunity to be present where practicable; document all attempts and the juvenile's responses.

Status offenses (truancy, running away, ungovernability) are handled through the court's status offense process, not criminal prosecution.

Special populations: persons with mental illness, developmental disabilities, autism, deaf/hard of hearing, and limited English proficiency require accommodations.

Autism recognition: avoid sudden movements and commands, allow processing time, reduce sensory input, and use clear literal language.

Crisis intervention: use time, distance, cover, and a single communicator; request CIT-trained officers or mental health co-responders when available.

Mandatory reporting: suspected child abuse or neglect must be reported to the Cabinet for Health and Family Services per KRS 620.030.

Chain of command: officers report to sergeants, sergeants to lieutenants, and so on; requests for resources and discipline flow through the chain unless an emergency requires direct notification.

Supervisory responsibilities: roll call briefing, review of reports, force review, pursuit review, BWC audit, and documentation of counseling or discipline.

Policy is the agency's written directive; deviation requires documented justification and supervisory approval where feasible.

Early intervention systems flag patterns of complaints, force, or pursuits; supervisors review and document intervention.

Internal affairs investigations must be documented, impartial, and timely; Garrity applies to compelled administrative statements and their use is restricted.

Use-of-force review: supervisor interviews the involved officer, reviews BWC, photographs injuries, and forwards findings to command.

Officer wellness and peer support are supervisory responsibilities; recognize warning signs and refer to EAP or peer support.