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ND POST key terms

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Probable Cause

A reasonable belief, based on specific facts and circumstances, that a crime has been, is being, or will be committed, or that evidence of a crime will be found in a particular place.

Related: Reasonable Suspicion, Warrant Requirement
Reasonable Suspicion

A lower standard than probable cause in which specific, articulable facts suggest criminal activity is afoot, justifying a brief investigative stop or frisk.

Related: Probable Cause, Terry Stop
Terry Stop

A brief detention based on reasonable suspicion during which an officer may investigate and, if warranted by safety concerns, conduct a limited pat-down for weapons.

Related: Reasonable Suspicion, Protective Sweep
Warrant Requirement

The general rule that searches and seizures require a warrant supported by probable cause and issued by a neutral magistrate, subject to recognized exceptions.

Related: Probable Cause, Exigent Circumstances
Exigent Circumstances

Urgent conditions such as imminent danger to life, hot pursuit, or likely destruction of evidence that justify acting without a warrant.

Related: Warrant Requirement, Plain View Doctrine
Miranda Warning

The advisement of rights to silence and counsel that must precede custodial interrogation, with waiver required before statements may be used by the prosecution.

Related: Custodial Interrogation, Voluntariness
Custodial Interrogation

Questioning by law enforcement after a person has been taken into custody or deprived of freedom in a significant way, triggering the need for Miranda warnings.

Related: Miranda Warning, Voluntariness
Plain View Doctrine

Permits warrantless seizure of evidence when an officer is lawfully present, the incriminating character of the item is immediately apparent, and the officer has lawful access.

Related: Exigent Circumstances, Consent Search
Consent Search

A warrantless search permitted when a person with authority voluntarily agrees, free from coercion, and the officer stays within the scope of the consent given.

Related: Plain View Doctrine, Search Incident to Arrest
Search Incident to Arrest

A warrantless search of an arrestee's person and the area within immediate control, allowed to protect officer safety and prevent destruction of evidence.

Related: Consent Search, Protective Sweep
Protective Sweep

A limited warrantless check of spaces where a person might be hiding, justified by safety concerns after a lawful arrest, not a full evidentiary search.

Related: Terry Stop, Search Incident to Arrest
DUI Standardized Field Sobriety Tests

A validated battery typically including horizontal gaze nystagmus, walk-and-turn, and one-leg stand, administered to detect impairment and support arrest decisions.

Related: Implied Consent, Preliminary Breath Test
Implied Consent

The legal principle that drivers, by operating a vehicle on public roads, consent in advance to chemical testing of breath, blood, or urine upon lawful arrest for impaired driving.

Related: DUI Standardized Field Sobriety Tests, Preliminary Breath Test
Preliminary Breath Test

A roadside screening test used to estimate alcohol concentration and support probable cause, generally not admissible as the evidentiary test result itself.

Related: Implied Consent, DUI Standardized Field Sobriety Tests
Reasonable and Prudent Speed

A speed that is safe given traffic, road, weather, and visibility conditions, even where a posted limit is higher.

Related: Prima Facie Speed Limit, Following Too Closely
Prima Facie Speed Limit

A posted maximum speed that is presumed lawful but may be rebutted by evidence that conditions made a lower speed necessary for safety.

Related: Reasonable and Prudent Speed
Following Too Closely

Operating a vehicle so near another that a collision would be likely if the leading vehicle stopped suddenly, often evaluated against a time-gap rule.

Related: Reasonable and Prudent Speed
Officer Safety Stance

A balanced, bladed body position with weapon-side control, enabling observation, communication, and movement while maintaining distance from a subject.

Related: Contact and Cover, Reactionary Gap
Contact and Cover

A two-officer tactic in which one officer handles communication and the other watches the subject and surroundings, avoiding divided attention.

Related: Officer Safety Stance, Reactionary Gap
Reactionary Gap

The distance an officer maintains to allow time to perceive and respond to a sudden attack, commonly described as roughly six to eight feet.

Related: Officer Safety Stance, Contact and Cover
Chain of Custody

A documented, unbroken record of who collected, handled, transferred, and stored evidence, supporting its authenticity and integrity in court.

Related: Evidence Packaging, Biological Evidence Preservation
Evidence Packaging

Correctly sealing, labeling, and storing items so they are protected from contamination or loss, with details recorded at the time of collection.

Related: Chain of Custody, Biological Evidence Preservation
Biological Evidence Preservation

Air-drying and packaging items such as blood or saliva in breathable containers, avoiding heat and moisture, then refrigerating or freezing as appropriate.

Related: Chain of Custody, Evidence Packaging
Crime Scene Contamination

The introduction or transfer of material, including officer DNA or fingerprints, that can compromise evidence value and must be avoided and documented.

Related: Chain of Custody, Evidence Packaging
Objective Reasonableness

The use-of-force standard judging an officer's actions from the perspective of a reasonable officer on scene, considering the totality of circumstances known at the time.

Related: Totality of the Circumstances, Graham Factors
Graham Factors

Three considerations for judging force: the severity of the offense, the immediate threat to safety, and whether the subject was actively resisting or evading arrest.

Related: Objective Reasonableness, Totality of the Circumstances
Totality of the Circumstances

The full set of facts and conditions known to the officer, evaluated together rather than in isolation, when assessing force or other decisions.

Related: Objective Reasonableness, Graham Factors
De-escalation

Techniques such as time, distance, cover, communication, and tactical repositioning used to reduce the need for force when safe and feasible.

Related: Crisis Intervention Team, Active Listening
Crisis Intervention Team

A model pairing specially trained officers with community mental health partners to improve outcomes for people experiencing behavioral health crises.

Related: De-escalation, Active Listening
Active Listening

A communication skill using paraphrasing, reflecting feelings, open questions, and summarizing to build rapport and gather information during a crisis.

Related: De-escalation, Crisis Intervention Team
Report Writing Chronology

A clear, chronological narrative of events in a report, including who, what, when, where, why, and how, without opinion or unsupported conclusions.

Related: Objective Documentation, Probable Cause Statement
Objective Documentation

Recording facts, observations, and statements accurately, distinguishing direct observation from hearsay and avoiding biased or conclusory language.

Related: Report Writing Chronology, Probable Cause Statement
Probable Cause Statement

A written narrative setting out specific facts that support an arrest, citation, or warrant application, sufficient for a neutral reviewer to evaluate.

Related: Report Writing Chronology, Objective Documentation
Procedural Justice

Fairness in police interactions through voice, neutrality, respect, and trustworthy motives, which builds voluntary compliance and community trust.

Related: Community Policing, Ethical Decision-Making
Community Policing

A strategy of partnership between police and residents, emphasizing problem solving, communication, and prevention rather than enforcement alone.

Related: Procedural Justice, Ethical Decision-Making
Ethical Decision-Making

Applying agency values, law, and policy to choose the right action, including recognizing and avoiding conflicts of interest and misconduct.

Related: Procedural Justice, Community Policing
Emergency Vehicle Operations

Driving an authorized emergency vehicle during a response while balancing speed, due regard for safety, and compliance with emergency-vehicle laws.

Related: Due Regard, Emergency Vehicle Clearance
Due Regard

The continuing duty of an emergency driver to operate with reasonable care for the safety of others, even when lawfully exceeding normal traffic rules.

Related: Emergency Vehicle Operations, Emergency Vehicle Clearance
Emergency Vehicle Clearance

Procedures for safely clearing intersections and lanes, including slowing, using lights and siren, and confirming other drivers have yielded.

Related: Emergency Vehicle Operations, Due Regard
Cardiopulmonary Resuscitation

Chest compressions, with rescue breaths if trained, delivered to a person in cardiac arrest to maintain circulation until advanced care arrives.

Related: Automated External Defibrillator, Recovery Position
Automated External Defibrillator

A device that analyzes heart rhythm and delivers a shock for certain arrest rhythms, used as soon as available with minimal interruption of compressions.

Related: Cardiopulmonary Resuscitation, Recovery Position
Recovery Position

A side-lying position for an unresponsive person who is breathing, helping keep the airway open and reducing aspiration risk.

Related: Cardiopulmonary Resuscitation
Tactical Breathing

A controlled breathing technique used to lower physiological arousal, improve focus, and support decision-making during high-stress incidents.

Related: Fitness and Wellness, De-escalation
Fitness and Wellness

Regular physical training, sleep, nutrition, and stress management that sustain performance and reduce injury and burnout risk.

Related: Tactical Breathing
North Dakota Implied Consent Law

State law providing that drivers consent to chemical testing after lawful arrest for impaired driving, with refusal carrying administrative license consequences.

Related: Implied Consent, Preliminary Breath Test