NH POST cheat sheet

Criminal liability requires actus reus (voluntary act or culpable omission) plus mens rea (the mental state the statute specifies); absent either element, no conviction.

Mens rea tiers: purposely (conscious object), knowingly (practical certainty), recklessly (conscious disregard of a substantial unjustifiable risk), negligently (should have been aware).

New Hampshire divides offenses into felonies (punishable by more than one year in state prison) and misdemeanors; a violation is not a crime and carries only a fine.

A warrantless arrest in a public place is lawful when the officer has probable cause that a felony occurred or, for a misdemeanor, when statutory arrest authority exists.

Search incident to arrest: limited to the arrestee's person and the area within immediate reach (grab area); it extends to a vehicle only when the arrestee is unsecured and within reaching distance of the passenger compartment.

Plain view requires lawful vantage point, lawful access, and immediately apparent incriminating character of the item.

Automobile exception: probable cause to believe a vehicle contains contraband or evidence permits a warrantless search of the entire vehicle, including containers, if the vehicle is readily mobile.

Terry stop: reasonable suspicion of criminal activity supports a brief detention; reasonable suspicion that the person is armed and dangerous supports a pat-down of outer clothing for weapons only.

Statute of limitations and speedy-trial deadlines are distinct: the limitations period runs to the filing of charges; the speedy-trial right attaches after arrest or charging.

Fourth Amendment: reasonableness balances the intrusion on the individual against the government's promotion of legitimate interests; warrantless searches are per se unreasonable subject to established exceptions.

Fifth Amendment Miranda custody plus interrogation triggers the warning requirement; spontaneous statements and routine booking questions are outside Miranda.

Sixth Amendment right to counsel attaches at the initiation of adversary judicial proceedings and is offense-specific.

Fourteenth Amendment due process and equal protection bind state and local officers; Section 1983 suits require action under color of law and deprivation of a federal right.

Qualified immunity bars suit unless the officer violated a clearly established statutory or constitutional right of which a reasonable officer would have known.

Excessive force claims are analyzed under the Fourth Amendment objective reasonableness standard, judged from the perspective of a reasonable officer on the scene.

Consent must be voluntary and may be limited in scope by the person granting it; apparent authority requires reasonable belief the consenting party controls the area.

First Amendment protects speech, assembly, and religious exercise; time, place, and manner restrictions must be content-neutral, narrowly tailored, and leave open alternative channels.

A lawful traffic stop requires reasonable suspicion of a violation; the stop may last only as long as needed to complete its mission, and unrelated inquiries may not unreasonably prolong it.

During a traffic stop, officers may order occupants out of the vehicle and may frisk a driver for weapons on reasonable suspicion of danger.

Reasonable suspicion of impairment supports a field sobriety test request; implied consent statutes attach consequences to refusal but cannot compel a blood draw without a warrant in most circumstances.

Standardized field sobriety tests: horizontal gaze nystagmus, walk-and-turn, and one-leg stand; each divided-attention test is scored against validated clues.

A vehicle may be impounded and inventoried under a written standardized policy; the inventory must not be a pretext for investigative search.

Hit-and-run investigations require identifying the vehicle, driver, and damage; leaving the scene of an injury accident is a distinct offense from leaving a property-damage scene.

Commercial vehicle enforcement focuses on hours of service, weight limits, and equipment standards; out-of-service orders follow documented criteria.

Traffic crash investigation: protect the scene, render aid, identify witnesses, document road and weather conditions, measure and photograph skid marks and debris before removal.

Arrival sequence at a call: scene safety assessment, containment, contact and control, then investigation; never enter an unsecured scene without a plan.

Priority dispatch categories drive response mode; code-3 (lights and siren) driving is justified only when the nature of the call and conditions permit.

Active threat response: move toward the threat with available officers, bypass uninjured victims, and neutralize the threat before rendering aid.

Perimeter and containment: establish inner and outer perimeters, log all persons entering and leaving, and assign a single point of entry.

Domestic disturbance calls are among the highest risk for officer injury; separate the parties, identify the predominant aggressor, and document injuries and statements.

BOLO broadcasts should include subject description, direction of travel, vehicle description and plate, weapon information, and the reason for the alert.

Incident command uses a common structure (command, operations, planning, logistics, finance); the first arriving officer assumes command until formally transferred.

Foot pursuit decision factors include the severity of the underlying offense, availability of backup, terrain, and risk to bystanders.

Chain of custody must document every transfer of evidence by name, date, time, and purpose; a break in the chain affects admissibility, not automatically exclusion.

Crime scene search patterns: spiral, strip/line, grid, zone, and wheel; the grid pattern is a double pass that reduces the chance of missed evidence.

Interview versus interrogation: interviews are non-accusatory information gathering; interrogations are accusatory and, if custodial, require Miranda.

Eyewitness identification best practices: double-blind administration, sequential presentation, standardized instructions that the perpetrator may not be present.

Physical evidence categories: fingerprints, DNA, trace, impression, and digital; collection method must preserve integrity and prevent contamination.

Photograph the scene before altering it: overall, mid-range, and close-up with scale; supplement with sketches showing measurements and reference points.

Digital evidence: preserve devices, document seizure, avoid altering data, and obtain warrants or consent before searching contents.

Case file completeness: initial report, supplemental reports, evidence logs, witness statements, and follow-up investigative steps should be traceable to the report.

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

Force must be proportional and cease when resistance stops; continued force after the threat ends can be excessive.

Deadly force is limited to situations where the officer has probable cause to believe the subject poses a significant threat of death or serious physical injury to the officer or others.

Tennessee v. Garner bars deadly force to prevent the escape of a fleeing suspect unless the officer has probable cause the suspect poses a significant threat of death or serious injury.

Duty to intervene: an officer who observes another officer using excessive force must intervene when in a position to do so and report the incident.

Duty to render aid: after force is applied, officers must provide or request medical assistance as soon as the scene is safe.

Defensive tactics principles: distance, cover, positioning, communication, and control; escalate or de-escalate based on the subject's behavior.

Documentation of force must include the type, duration, and effect of force, the subject's actions, injuries observed, medical aid provided, and witness accounts.

Procedural justice elements: voice (opportunity to be heard), neutrality (transparent rules), respect (dignity), and trustworthy motives.

Legitimacy is built through consistent, fair treatment; perceived unfairness reduces cooperation and willingness to report crime.

Bias-free policing requires decisions based on behavior and specific, articulable facts, not on race, ethnicity, religion, national origin, gender, or other protected characteristics.

Implicit bias awareness: automatic associations can influence split-second decisions; countermeasures include structured decision criteria and conscious review.

Language access: use qualified interpreters for limited-English-proficiency persons; do not rely on children or bystanders for critical communication.

Cultural competence includes awareness of communication norms, religious practices, and historical mistrust of law enforcement in specific communities.

Community policing models: community partnerships, organizational transformation, and problem solving (the SARA model: scanning, analysis, response, assessment).

Outreach documentation should record contacts, concerns raised, and follow-up actions to demonstrate responsiveness.

Law enforcement codes of ethics emphasize service, integrity, honesty, and accountability; the public trust is the core asset.

Agency policy and state law govern conduct; when policy and personal preference conflict, policy controls and lawful orders must be followed.

Gratuities and gifts: even small gifts can create a conflict of interest or appearance of impropriety; follow agency policy on acceptance and disclosure.

Truthfulness in reports is non-negotiable; a false statement in a report or testimony can taint the case and result in termination and criminal liability.

Brady obligations require disclosure of exculpatory and impeachment evidence to the prosecution; officers must report information that could affect the case.

Confidential informants and undercover operations require strict documentation, supervision, and protection of identity.

Off-duty conduct can be subject to discipline when it affects the officer's ability to perform duties or brings discredit on the agency.

Use of social media: avoid posting case information, avoid identifying victims, and follow agency policy on personal accounts.

Emergency vehicle operation requires due regard for the safety of all persons; statutory privileges do not relieve the driver of the duty to drive with due care.

Lights and siren must be in use to claim emergency vehicle privileges in most jurisdictions; use both when responding code-3.

Before entering an intersection against a red signal, slow down, ensure the intersection is clear, and proceed only when safe.

Pursuit decision factors: severity of the offense, risk to the public, traffic and road conditions, and the availability of alternatives such as air support or a later arrest.

Pursuit termination criteria: when the risk to the public outweighs the need for immediate apprehension, terminate and document the reason.

Vehicle positioning: maintain following distance, avoid the blind spots of other drivers, and use the siren's yelp or wail appropriately.

After a pursuit or emergency response, complete the required report documenting route, speeds, conditions, and any collisions or property damage.

Pre-trip inspection: check brakes, tires, lights, siren, radio, and emergency equipment before shift.

A report must answer who, what, when, where, why, and how; each element should be stated explicitly rather than implied.

Use objective, factual language; distinguish observed facts from opinions and label statements as coming from a specific source.

Chronological narrative order is standard; use past tense and active voice, and identify each person by full name and role on first reference.

Document the legal basis for each action: reasonable suspicion, probable cause, consent, warrant, or exigent circumstances.

Include Miranda warnings and any waiver or invocation verbatim or in substance, with the time and the officer who administered them.

Describe injuries, medical aid requested, and the disposition of the subject (arrested, released, transported) with times.

Supplemental reports should be filed when new information arises; do not alter a previously submitted report without documenting the correction.

Evidence and property documentation must match the evidence log: item description, location found, collector, and chain of custody.