MN POST cheat sheet

Force is judged by objective reasonableness under the totality of the circumstances known to the officer at the time, without hindsight (Graham v. Connor).

Deadly force is lawful only to protect the officer or another from death or great bodily harm, and only when the threat is imminent; chokeholds are restricted to that same deadly-force threshold.

Officers have an affirmative duty to intervene to stop another officer's excessive force when in a position to do so, and to report the conduct to a supervisor.

Minnesota generally permits a warrantless misdemeanor arrest only when the offense was committed in the officer's presence (Minn. Stat. 629.34); domestic abuse is an exception allowing arrest on probable cause without a presence requirement (Minn. Stat. 629.341).

Emergency-vehicle privileges (lights and siren) exempt the driver from some traffic rules only while driving with due regard for others' safety; the privilege does not cover grossly negligent driving.

Chain of custody requires documenting every transfer of evidence by person, date, time, and location, plus any change in the item's condition.

A patrol report should be factual, chronological, and specific: who, what, when, where, how, and what the officer personally observed versus what was reported by others.

Prisoner transport sequence: search before entry, seat belt secured, continuous monitoring, and a back-seat check after every transport.

Minnesota assault has two prongs: intentional infliction of bodily harm, or an act done with intent to cause fear of immediate bodily harm or death combined with apparent present ability (Minn. Stat. 609.02 subd. 10). No contact is required for the second prong.

Bodily harm means physical pain or injury; substantial bodily harm means temporary but substantial disfigurement, temporary but substantial loss or impairment of a body function, or a fracture.

Miranda applies only to custodial interrogation: custody measured by a reasonable-person standard, plus questioning or its functional equivalent likely to elicit an incriminating response.

Seizure thresholds: reasonable suspicion (specific, articulable facts) for a Terry stop; probable cause for an arrest; reasonable suspicion of armed-and-dangerous for a frisk.

Recognized warrant exceptions include consent (voluntary and within the consenter's authority), exigency, plain view, search incident to lawful arrest, automobile, inventory, and community caretaking.

Blood and urine samples from an unwilling DWI suspect require a warrant or valid exception; refusal of a breath test is itself a criminal offense in Minnesota.

The Sixth Amendment right to counsel attaches when adversary judicial proceedings begin (charging, indictment, arraignment) and is offense-specific; it does not attach at arrest.

Statements obtained in violation of Miranda are excluded from the prosecution's case-in-chief but may be used to impeach the defendant's testimony.

Corpus delicti requires independent evidence that a crime occurred; a defendant's confession alone will not sustain a conviction.

Minnesota alcohol concentration limits: 0.08 for drivers 21 and older, 0.04 for commercial motor vehicle operators, and 0.00 for drivers under 21.

DWI degrees: fourth degree (no qualifying prior, misdemeanor), third degree (one prior within 10 years, gross misdemeanor), second degree (two priors, gross misdemeanor), first degree (three or more priors, or a prior plus a child under 16 in the vehicle, felony).

Implied-consent revocations run 90 days for a first test failure, 180 days for a second, and one year for a third; refusing a test produces a one-year revocation.

Move-over rule: when a stopped emergency, tow, or road-maintenance vehicle displays flashing lights, move at least one lane away, or slow down if a safe lane change is not possible.

Hands-free law (Minn. Stat. 169.475): a driver may not hold a wireless phone; a single touch or voice command is permitted, but texting, video, and reading content are prohibited.

Seat belts are primary enforcement, and children under age 8 must ride in a federally approved child restraint.

A driver passing a bicyclist must leave at least three feet of clearance until safely past the rider.

School bus stop arm: traffic must stop at least 20 feet away; passing on the right side or through the door is a gross misdemeanor, other violations are misdemeanors.

Cannabis in a vehicle must be in a closed, sealed package; use of cannabis in a motor vehicle is prohibited, and cannabis impairment supports DWI with no per se THC limit.

Procedural justice has four components: giving voice, neutral decision-making, respectful treatment, and trustworthy motives.

Minnesota law prohibits racial profiling and requires agencies to collect and report traffic-stop data, including the race, gender, and age of the driver and the stop's outcome.

Brady/Giglio obligations require disclosure of officer conduct involving dishonesty or bias because it may be exculpatory or impeaching in criminal cases.

The Law Enforcement Code of Ethics obligates officers to protect life and property, respect constitutional rights, keep confidences, and act with integrity on and off duty.

Accepting gifts, gratuities, or favors connected to the officer's position creates a conflict of interest and violates typical agency policy regardless of the item's value.

Minnesota peace officer licensing requires continuing education in crisis intervention, de-escalation, mental health response, and cultural competency.

Criminal history, driver's license, and investigative data are classified under the Minnesota Government Data Practices Act and may be released only as authorized.

Officers must report misconduct, including excessive force by colleagues, to a supervisor; retaliation or discouraging a report is prohibited.

Procedural justice: voice, neutrality, respect, trustworthy motives.

Bias-free policing is both a legal requirement and a legitimacy factor.

Truthfulness in reports and testimony is a core ethical duty.

Confidentiality of data is governed by statute.

Gratuities create conflicts of interest.

De-escalation and CIT training are required for licensed officers.

Duty to intervene and report misconduct.

Off-duty conduct remains subject to policy.