ND POST flashcards

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

Actus reus

The voluntary physical act or omission that constitutes the prohibited conduct of an offense. It must be proven alongside the required mental state for a conviction.

Mens rea levels

North Dakota recognizes intentionally, knowingly, recklessly, and negligently. When a statute does not specify a level, recklessness generally applies unless the statute requires negligence.

Reasonable suspicion

Specific, articulable facts that would lead a reasonable officer to believe criminal activity is afoot. It supports a Terry stop but not a full arrest.

Probable cause

Facts and circumstances that would lead a reasonable person to believe an offense has been committed and the person to be arrested committed it. Required for arrest and warrants.

Miranda trigger

Custody plus interrogation. Warnings are required before questioning a person in custody; volunteered statements and routine booking questions are generally not covered.

Implied consent

A driver lawfully arrested for DUI is deemed to have consented to chemical testing. Refusal carries license consequences and may be used as evidence.

Field sobriety tests

Standardized divided-attention tests: Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. Document each clue and the conditions of administration.

DUI threshold

North Dakota uses 0.08 alcohol concentration for adults, with lower limits for under-21 and commercial drivers. Record test time, method, and result precisely.

Radar calibration

Before enforcement, confirm the unit's calibration check, operator certification, and target tracking. Document serial number and calibration date in the report.

High-risk stop

A felony or weapons stop using multiple units, cover, and verbal commands. One officer controls contact while others cover before a controlled approach.

Fatal funnel

The doorway or entry point where an officer is most exposed during a building search. Clear from the side and avoid lingering in the opening.

Reactionary gap

The distance an officer keeps to allow time to react to an attack. It increases with the threat level and the subject's ability to close distance quickly.

Chain of custody

A documented record of every person who handled evidence, with date, time, and purpose. Gaps can undermine admissibility and must be explained.

Biological evidence packaging

Air-dry wet items and package in paper; avoid heat and sunlight. Never seal damp biological samples in plastic because moisture promotes degradation and mold.

Cognitive interview

A witness interview using free recall, reverse order, changed perspective, and specific questions. It reduces leading prompts and improves accurate recall.

Graham factors

Objective reasonableness under Graham v. Connor weighs offense severity, immediate threat, and active resistance or flight. Courts judge from the officer's on-scene perspective.

Duty to intervene

An officer who observes excessive force must stop it and report it. Failure to intervene can create civil and criminal liability.

Positional asphyxia

Breathing impairment from body position, often prone restraint. Move the subject to a seated or recovery position and monitor continuously after control.

Crisis cycle

Baseline, escalation, crisis, de-escalation, recovery. Officers intervene during escalation using time, distance, cover, and communication.

Suicide risk questions

Ask directly about ideation, plan, means, and prior attempts. Remove access to means and connect the person to crisis services.

Excited delirium

A medical emergency with agitation, hyperthermia, and altered mental status. Request EMS early, avoid prolonged struggle, and monitor airway and temperature.

Report elements checklist

Map each narrative fact to an element of the charged offense. The report must support probable cause on its face without relying on the reader's assumptions.

Body-worn camera notes

Document activation, duration, and any gaps in the recording. Describe what the video shows rather than assuming the reader will watch it.

SARA model

Scanning, analysis, response, and assessment. It is the problem-solving framework used in community policing to address recurring neighborhood problems.

Procedural justice

Voice, neutrality, respect, and trustworthy motives. These four factors predict public cooperation and compliance with police decisions.

Pursuit decision factors

Weigh offense severity, traffic and road conditions, pedestrian risk, and alternatives. Terminate when the risk outweighs the need for apprehension.

Emergency vehicle privilege

Lights and siren allow exceeding speed limits or disregarding signals, but the driver still owes due regard for the safety of others.

Adult CPR ratio

Thirty compressions to two breaths at 100-120 per minute, depth 2-2.4 inches, full recoil, and minimal interruptions. Attach an AED as soon as available.

Tourniquet placement

Apply 2-3 inches above the wound when direct pressure fails to control severe bleeding. Record the time applied and do not loosen it in the field.

Naloxone administration

Give intranasally for suspected opioid overdose and support breathing. Repeat as needed; naloxone does not replace rescue breathing or EMS transport.

Sleep and shift work

Aim for 7-9 hours and keep a consistent schedule. Manage caffeine and screen exposure before sleep to reduce cumulative fatigue.

NDCC Title 39

North Dakota's motor vehicle and traffic title. Cite the specific section in citations and reports, and verify the current threshold before charging.

Domestic violence arrest

North Dakota law requires arrest when probable cause exists for certain domestic offenses. Document the relationship, injuries, and statements supporting the arrest.