ND POST cheat sheet

Elements framework: every offense requires (1) actus reus, (2) mens rea, (3) concurrence, and (4) any required result or attendant circumstance; identify each before charging.

Mens rea ladder from NDCC 12.1-02-02: intentionally, knowingly, recklessly, negligently; if no culpability stated, recklessness suffices for most offenses, but negligence only when the statute says so.

Fourth Amendment seizure of a person occurs when a reasonable person would not feel free to leave; Terry stop needs reasonable suspicion of criminal activity, arrest needs probable cause.

Search warrant exceptions to memorize: consent, search incident to arrest, automobile, plain view, exigent circumstances, inventory, and Terry frisk for weapons.

Miranda custody plus interrogation triggers warnings; roadside questioning during a traffic stop and volunteered statements are generally not custodial interrogation.

Sixth Amendment right to counsel attaches at formal charging and is offense-specific; it does not bar questioning about uncharged, unrelated crimes.

Statute of limitations and speedy trial: track the charging deadline from the offense date and document any tolling events in the case file.

Chain of custody and Brady disclosure: exculpatory evidence must be disclosed; gaps in the property chain are challenged at suppression hearings.

Reasonable suspicion for a traffic stop requires an observed violation or equipment defect; pretext is irrelevant if the violation is objectively valid.

Standardized field sobriety tests: Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand; document each clue and the conditions of administration.

Implied consent: a lawfully arrested driver is deemed to consent to chemical testing; refusal triggers license consequences and may be admissible, but forced blood draws require a warrant or valid exception.

DUI tiers in ND turn on alcohol concentration (0.08 general, 0.08-plus aggravated thresholds) and prior offenses; record test time, method, and result precisely.

Commercial driver and under-21 standards are lower than 0.08; verify the applicable threshold before writing the citation.

Crash reporting: capture position, damage, injuries, weather, road condition, and witness statements; injury and fatality crashes require the state crash report.

Radar/LIDAR: record unit serial, calibration check, operator certification, and target tracking; pacing requires a calibrated speedometer and steady following distance.

Towing and impound decisions must be tied to a stated authority (arrest, hazard, abandonment, or statutory seizure) and documented on the tow sheet.

Ten deadly errors framework: unsafe position, missing cover, failing to watch hands, poor search technique, and complacency drive most officer injuries.

Approach and positioning: use the passenger-side offset approach on unknown-risk stops, keep the vehicle as cover, and maintain reactionary gap.

High-risk stop sequence: dispatch, backup, cover, verbal commands, one officer controls contact while others cover, then a controlled approach and handcuffing.

Building clearing: clear from the doorway, use the fatal funnel concept, control corners, and never split a two-officer team without a plan.

Domestic disturbance response: separate parties, check for weapons, document injuries and statements, and identify the predominant aggressor under state law.

Perimeter and containment: establish inner and outer perimeter, assign sectors, log personnel, and use a common radio channel for the operation.

Radio discipline: identify unit, give location, state the nature of the problem, request specific resource, and confirm acknowledgment.

Vehicle patrol checks: lights, siren, radio, MDC, first aid kit, AED, fire extinguisher, and shotgun/rifle lock status at shift start.

Evidence integrity: photograph before moving, assign a unique item number, seal, label with date/time/collector, and log every transfer.

Biological evidence: air-dry wet items, package in paper, avoid heat and sunlight, and use DNA-free collection tools; never store wet samples in plastic.

Fingerprint and touch DNA: minimize handling, wear gloves, and collect from surfaces likely touched by the suspect; document the exact location.

Photography sequence: overall, mid-range, close-up with scale, and close-up without scale; record camera, lens, and lighting.

Digital evidence: preserve the device, document power state, use write-blocking for forensic imaging, and log hash values for integrity.

Interview versus interrogation: interviews are non-custodial fact-gathering; interrogations follow Miranda and require a documented waiver.

Cognitive interview technique: free recall, then reverse order, then change perspective, then specific questions; avoid leading prompts.

Case file completeness: offense report, supplemental narratives, evidence log, witness statements, photos, and dispatch/radio logs cross-referenced.

Graham v. Connor objective reasonableness: weigh severity of crime, immediate threat, and active resistance or flight; judge from the officer's on-scene perspective.

Force continuum is not a ladder: select the response that is objectively reasonable and reassess continuously as resistance changes.

Deadly force is justified only to prevent imminent death or serious bodily injury to the officer or another person, or to prevent escape of a suspect posing such a threat.

Duty to intervene: an officer who observes excessive force must stop it and report it; failure to intervene can create liability.

Medical aid after force: render aid, request EMS, monitor breathing and consciousness, and document injuries on both subject and officer.

Reportable force documentation: describe pre-force conduct, warnings given, force used, effect, and post-force care in specific, observable terms.

Handcuffing and positional asphyxia: avoid prone restraint after control, place in recovery or seated position, and monitor continuously.

OC, Taser, and baton: know deployment limits, target zones, contraindications, and post-deployment medical checks and evidence collection.

Crisis cycle: baseline, escalation, crisis, de-escalation, recovery; intervene during escalation with time, distance, and cover.

Active listening tools: open questions, paraphrasing, reflecting emotion, summarizing, and silence to slow the interaction.

Behavioral cues of psychosis: disorganized speech, hallucinations, paranoia, flat affect; respond calmly, reduce stimuli, and avoid arguing with delusions.

Suicide risk assessment: ask directly about ideation, plan, means, and prior attempts; remove access to means and connect to crisis services.

Excited delirium/hyperactive delirium: treat as a medical emergency, request EMS early, avoid prolonged struggle, and monitor airway and temperature.

Civil commitment and emergency hold: know the statutory criteria and the designated facility; document observed behavior supporting the hold.

Autism and developmental disability: use simple language, allow processing time, avoid touch without warning, and look for sensory overload.

CIT partnership: coordinate with mobile crisis teams, mental health co-responders, and family members to reduce use of force and repeat calls.

Report structure: who, what, when, where, why, how; lead with the offense, then narrative in chronological order, then evidence and disposition.

First person, past tense, active voice; write facts and observations, and label opinions or inferences as such.

Quote statements verbatim in quotation marks; paraphrase only when necessary and attribute clearly.

Timeline discipline: use exact times from dispatch, body camera, and CAD; reconcile discrepancies before submitting.

Elements checklist: map each narrative fact to an element of the charged offense so the report supports probable cause on its face.

Body-worn camera: note activation, duration, and any gaps; describe what the video shows rather than assuming the reader will watch it.

Avoid conclusory language (e.g., 'subject was combative') in favor of observable behavior (e.g., 'subject clenched fists and stepped forward').

Supplemental reports and corrections: never alter a submitted report; file a supplement that identifies the correction and reason.

Community policing pillars: community partnerships, organizational transformation, and problem-solving (SARA: scanning, analysis, response, assessment).

Procedural justice: voice, neutrality, respect, and trustworthy motives; these four factors predict public cooperation and compliance.

Ethics tests: is it legal, is it consistent with policy, would I defend it publicly, and would a reasonable person see it as fair?

Gratuity and conflict-of-interest rules: decline gifts that could influence judgment; disclose relationships that create an appearance of impropriety.

Bias-free policing: base stops and enforcement on behavior and articulable facts, not on race, ethnicity, religion, or national origin.

Discretion and legitimacy: enforcement decisions must be consistent, explainable, and documented; selective under- or over-enforcement erodes trust.

Community engagement: attend neighborhood meetings, use social media for transparency, and follow up on quality-of-life complaints.

Whistleblower and duty to report: misconduct must be reported through the chain of command or internal affairs; retaliation is prohibited.

Emergency vehicle statute: use lights and siren when exceeding speed limits or disregarding signals; the privilege does not relieve the duty of due regard for safety.

Pursuit decision: weigh offense severity, traffic and road conditions, pedestrian risk, and alternatives; terminate when risk outweighs the need for apprehension.

Pursuit reporting: document reason, route, speeds, traffic control, supervisor authorization, termination point, and outcome.

Vehicle dynamics: braking distance increases with speed squared; wet or icy roads and reduced tire tread extend stopping distance significantly.

Following distance: at least three seconds in good conditions, more at night or in weather; increase for heavy vehicles.

Intersection clearing: slow, scan left-right-left, and proceed only when the intersection is confirmed clear; the siren does not guarantee compliance by others.

Backing and parking: use a spotter, check mirrors and cameras, and walk around the vehicle before backing in tight spaces.

Post-incident: secure the scene, request EMS and fire, notify supervisor, and complete the vehicle collision report.

Adult CPR: 30 compressions to 2 breaths at 100-120 per minute, depth 2-2.4 inches, full recoil, and minimize interruptions.

AED sequence: power on, attach pads, clear the patient, deliver shock if advised, and immediately resume compressions.

Severe bleeding: apply direct pressure, then a tourniquet 2-3 inches above the wound if pressure fails; note the time applied.

Recovery position for an unresponsive but breathing patient; monitor airway continuously and do not leave unattended.

Opioid overdose: administer naloxone intranasally, support breathing, and repeat as needed; naloxone does not replace rescue breathing.

Choking adult: back blows and abdominal thrusts; for an unconscious patient, begin CPR and check the airway.

Anaphylaxis and stroke recognition: epinephrine auto-injector for anaphylaxis; use FAST (face, arm, speech, time) for stroke and note onset time.

Infection control: gloves, eye protection, and a barrier device for rescue breaths; wash hands after any contact.

Physical fitness components tested by most agencies: aerobic capacity, muscular strength, muscular endurance, flexibility, and body composition.

Cardiovascular training: 150 minutes per week of moderate activity or 75 minutes of vigorous activity, plus two strength sessions.

Strength training: 2-3 sessions per week targeting major muscle groups with progressive overload and adequate recovery.

Occupational fitness: focus on job tasks such as foot pursuit, lifting, dragging, and stair climbing; train movements, not just machines.

Injury prevention: warm up, use proper lifting mechanics, and progress load gradually; most injuries come from overuse and poor technique.

Sleep and shift work: aim for 7-9 hours, use consistent sleep schedules, and manage caffeine and screen exposure before sleep.

Stress and peer support: recognize signs of cumulative stress, use critical incident debriefs, and know the employee assistance and peer support resources.

Nutrition basics: hydrate, eat balanced meals, and avoid high-sugar energy drinks; performance and decision-making decline with dehydration.

NDCC Title 12.1 governs criminal code; Title 39 governs motor vehicles and traffic; cite the specific section in the report and citation.

DUI in ND: 0.08 alcohol concentration for adults, lower thresholds for under-21 and commercial drivers; refusal triggers implied consent consequences.

Domestic violence: ND law requires arrest when probable cause exists for certain domestic offenses; document the relationship and injury evidence.

Protection orders: know the difference between temporary, emergency, and permanent orders and how service and enforcement apply.

Use of force policy aligns with state law and agency policy; deadly force is limited to imminent death or serious bodily injury.

Juvenile procedures: juvenile records and detention follow separate statutes; document parental notification and custody decisions.

Search warrant procedure: present affidavit to a judge, establish probable cause with specific facts, and execute within the authorized time and scope.

Crash and citation reporting: follow state forms and submission deadlines; retain copies and log the report number for court.