KY POST flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

KRS 507.020 murder

Kentucky murder statute. Requires intentional killing or wanton killing under circumstances manifesting extreme indifference to human life. Intentional murder is capital-eligible; wanton murder is a Class A felony.

Kentucky felony sentencing ranges

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

Warrantless arrest authority KRS 431.005

Kentucky officers may arrest without a warrant for offenses committed in their presence, for felonies with reasonable grounds, and for certain misdemeanors not in presence, including domestic violence and DUI.

Terry stop standard

Reasonable suspicion requires specific, articulable facts suggesting criminal activity. A frisk requires separate reasonable suspicion the person is armed and dangerous. Hunches and profiles alone are insufficient.

Miranda custody plus interrogation

Warnings are required when a person is in custody and subjected to interrogation. Voluntary statements, routine booking questions, and public safety questions are exceptions. Invocation must be honored.

Qualified immunity

Shields officers from civil damages unless they violated clearly established statutory or constitutional rights of which a reasonable officer would have known. Clearly established law must be sufficiently specific.

KRS 189A.010 DUI limits

Kentucky DUI thresholds: 0.08 BAC general, 0.02 for under 21, 0.04 for commercial drivers. Impairment may also be shown by conduct even below the threshold.

Implied consent KRS 189A.105

Operating a vehicle in Kentucky implies consent to testing. Refusal results in license revocation and may be used against the driver at trial. Officers must follow the statutory warning procedure.

High-risk traffic stop

Position patrol vehicles for cover, use one officer to give clear commands, keep lethal coverage, approach from the passenger side when practical, and never stand between vehicles.

Chain of custody

Documented record of every transfer and storage of evidence from seizure to disposition, including date, time, person, and purpose, used to establish authenticity and prevent tampering claims.

Double-blind sequential lineup

Identification procedure where the administrator does not know the suspect and photos are shown one at a time. Reduces suggestion and misidentification; witness confidence is recorded immediately.

Birchfield v. North Dakota

Supreme Court held that warrantless breath tests are permitted incident to DUI arrest, but warrantless blood draws require consent or a warrant. Criminal penalties for blood draw refusal are unconstitutional.

Graham v. Connor factors

Objective reasonableness considers severity of the crime, immediate threat to safety, and active resistance or flight. Judged from the officer's perspective at the moment, without hindsight.

Tennessee v. Garner rule

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 to the officer or others.

Duty to intervene

Officers must intervene when in a position to prevent excessive force by another officer and must report the conduct. Failure to intervene can create civil liability and violates policy.

KRS 189.940 emergency exemption

Authorized emergency vehicles may exceed certain traffic laws only when operating with due regard for others' safety and with required lights and siren. The exemption is not absolute.

Pursuit termination criteria

Terminate when risk to the public outweighs the need for apprehension, when communication is lost, when the suspect is identified and later arrest is feasible, or per supervisor direction.

Intersection clearing

Slow, check for cross traffic, establish eye contact where possible, and never assume right-of-way. Proceed only when safe, even with lights and siren activated.

Report elements of offense

For each charge, the report must state facts supporting each statutory element, including identity, act, intent, and result, so the prosecutor can evaluate sufficiency.

Objective report language

Describe behaviors, words, and observations rather than conclusory labels. Attribute statements to their source and distinguish hearsay from personal observation.

Supplement versus alteration

A submitted report is not altered; follow-up information is captured in a supplemental report that references the original case number and explains the new information.

Kentucky POST Code of Ethics

Sets expectations to protect life, uphold the law, serve the public, and avoid using position for personal gain. Violations can result in decertification.

Brady and Giglio obligations

Prosecutors must disclose exculpatory and impeachment evidence. Officers must report and preserve such information; dishonesty can end careers and void convictions.

Procedural justice elements

Voice, neutrality, respect, and trustworthiness shape public perception of fairness. These elements predict cooperation more than the favorability of the outcome.

Title VI language access

Recipients of federal funds must provide meaningful access to limited-English-proficient persons, typically through qualified interpretation and translated materials, not ad hoc use of family members.

Hearsay and exceptions

An out-of-court statement offered for its truth is hearsay. Exceptions include excited utterance, present sense impression, business records, and public records.

Best evidence rule

To prove the content of a writing, recording, or photograph, the original is required unless an exception applies, such as loss, destruction, or unavailability through no fault.

Juvenile interrogation safeguards

Kentucky juvenile custodial interrogation requires an opportunity for a parent or guardian to be present where practicable. Document attempts, timing, and the juvenile's responses.

Autism recognition tactics

Use clear literal language, allow processing time, reduce sensory input, and avoid sudden movements. Request CIT-trained officers or co-responders when available.

KRS 620.030 mandatory reporting

Any person with reasonable cause to believe a child is abused or neglected must report to the Cabinet for Health and Family Services. Officers must follow agency protocol.

Chain of command

Officers report to sergeants, who report to lieutenants and upward. Requests and discipline flow through the chain unless an emergency requires direct notification.

Garrity protection

Compelled administrative statements cannot be used against an officer in a criminal proceeding. Supervisors must give the Garrity warning before compelled questioning.

Early intervention system

Data system flagging patterns of complaints, force, or pursuits. Supervisors review flags and document intervention, counseling, or training to correct performance before problems escalate.