MN POST flashcards

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

Objective reasonableness

The standard for judging force: what a reasonable officer would do under the same totality of circumstances, without hindsight or divided-second second-guessing.

Deadly force standard

Deadly force may be used only to protect the officer or another person from death or great bodily harm, when the threat is imminent.

Duty to intervene

An officer must stop a colleague's excessive force when in a position to do so and must report the conduct to a supervisor afterwards.

Chain of custody

A documented record of every transfer and storage of evidence from seizure to court, proving the item was neither altered nor substituted.

Warrantless misdemeanor arrest

In Minnesota, a misdemeanor arrest without a warrant is generally lawful only when the offense was committed in the officer's presence.

Emergency vehicle privilege

Lights-and-siren operation permits limited exceptions to traffic laws only while the driver exercises due regard for the safety of others.

Predominate aggressor

In a domestic dispute, the officer identifies the person who poses the greater threat and is more likely to cause injury, rather than arresting both parties.

Prisoner transport search

Search the arrestee before placing them in the squad car, secure the seat belt, monitor continuously, and check the back seat after each transport.

Miranda triggers

Warnings are required only when a person is in custody and subjected to interrogation, meaning questioning or its equivalent likely to produce an incriminating response.

Reasonable suspicion

Specific, articulable facts plus rational inferences that criminal activity is afoot, justifying a brief investigative stop and limited questioning.

Probable cause

Facts that would lead a reasonable officer to believe an offense was committed and that this person committed it; the standard for arrest and warrants.

Search incident to arrest

After a lawful custodial arrest, officers may search the arrestee's person and the area within immediate reach for weapons and destructible evidence.

Minnesota assault definition

Either intentional infliction of bodily harm, or an intentional act causing fear of immediate harm or death with apparent present ability to carry it out.

Sixth Amendment counsel

The right to counsel attaches when formal adversary proceedings begin and applies only to the offense charged, not to unrelated investigations.

Exclusionary rule

Evidence obtained through an unconstitutional search or seizure is generally inadmissible in the prosecution's case-in-chief, subject to recognized exceptions.

Corpus delicti

The prosecution must present independent evidence that a crime actually occurred; a defendant's own admission cannot by itself support a conviction.

DWI per se limits

Minnesota prohibits driving at 0.08 alcohol concentration for drivers 21 and older, 0.04 for commercial operators, and 0.00 for those under 21.

First-degree DWI

A felony DWI based on three or more qualifying priors within ten years, or a prior offense plus a child under 16 in the vehicle.

Implied consent revocation

Refusing a chemical test produces a one-year license revocation; a first test failure revokes for 90 days and a second for 180 days.

Move over law

When a stopped emergency, tow, or maintenance vehicle displays flashing lights, move a lane away or slow down if a safe lane change is not possible.

Hands-free law

A driver may not hold a phone; a single touch or voice command is allowed for calls and navigation, but texting, video, and reading are prohibited.

Child restraint requirement

Children under age 8 must ride in a federally approved child restraint; a seat belt alone does not satisfy the law until the eighth birthday.

Three-foot passing rule

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

School bus stop arm

Traffic must stop at least 20 feet from a bus displaying a stop arm; passing on the right or through the door is a gross misdemeanor.

Procedural justice

Fair process built on voice, neutrality, respectful treatment, and trustworthy motives; people comply with law more readily when they perceive the process as fair.

Law Enforcement Code of Ethics

A professional oath to safeguard life and property, respect constitutional rights, keep confidences, and act with integrity both on and off duty.

Brady/Giglio disclosure

Prosecutors must be told of officer conduct involving dishonesty or bias because it may be exculpatory or impeaching in a criminal case.

Racial profiling

Selecting a person for investigation based on race, ethnicity, or national origin rather than behavior or information; prohibited under Minnesota law.

Gratuity conflict

Accepting gifts, meals, or favors from persons the officer deals with professionally creates a conflict of interest and violates most agency policies.

De-escalation training

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

Government Data Practices Act

Minnesota law classifying criminal history, driver, and investigative data as public, private, or confidential, and controlling who may receive it.

Duty to report misconduct

Officers must report excessive force or other misconduct by colleagues to a supervisor, and retaliation against the reporting officer is prohibited.