NH POST flashcards

32 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 culpable omission that constitutes the prohibited conduct element of an offense; without it, no criminal liability attaches regardless of intent.

Mens rea

The mental state required by the offense statute, commonly classified as purposely, knowingly, recklessly, or negligently; the prosecution must prove it for each element.

Plain view doctrine

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

Automobile exception

With probable cause that a readily mobile vehicle contains contraband or evidence, officers may search the entire vehicle and its containers without a warrant.

Terry stop

A brief investigatory detention based on reasonable suspicion of criminal activity; a frisk for weapons requires separate reasonable suspicion that the person is armed.

Search incident to arrest

A warrantless search of the arrestee's person and immediate grabbing area, justified by officer safety and preservation of evidence; vehicle reach is limited.

Miranda custody test

Custody exists when a reasonable person would not feel free to leave; interrogation means words or actions reasonably likely to elicit an incriminating response.

Qualified immunity

Shields officers from civil liability unless they violated a clearly established constitutional right that a reasonable officer would have known at the time.

Section 1983 claim

A civil action against a person acting under color of state law who deprives another of a federal constitutional or statutory right.

Sixth Amendment counsel

The right to counsel attaches once adversary judicial proceedings begin and is offense-specific; it does not apply to pre-charging investigative questioning.

Consent search scope

A warrantless search limited to the area and items the consenting person actually or apparently controls; consent must be voluntary and may be withdrawn.

Reasonable suspicion

Specific and articulable facts, plus rational inferences, that would lead a reasonable officer to believe criminal activity is afoot; a lower standard than probable cause.

Implied consent law

Statutory framework under which licensed drivers agree to chemical testing when lawfully arrested for impaired driving; refusal carries administrative license consequences.

Horizontal gaze nystagmus

A standardized field sobriety test that measures involuntary jerking of the eyes as the subject tracks a stimulus; scored for six validated clues.

Inventory search

A warrantless administrative search of an impounded vehicle conducted under a written standardized policy, not for investigation, to protect property and officer safety.

Active threat response

Officers move toward and neutralize the threat with available resources, bypassing uninjured victims, before establishing casualty care and evacuation.

Incident command

A standardized structure assigning command, operations, planning, logistics, and finance roles; the first arriving officer assumes command until formally transferred.

BOLO broadcast

A be-on-the-lookout alert containing subject and vehicle descriptions, direction of travel, weapon information, and the reason for the alert.

Chain of custody

A documented record of every transfer and handling of evidence, including name, date, time, and purpose, used to establish integrity at trial.

Grid search pattern

A crime scene search that combines line searches in two perpendicular directions, providing a double pass that reduces the chance of missed evidence.

Double-blind lineup

An identification procedure in which neither the administering officer nor the witness knows which lineup member is the suspect, reducing inadvertent suggestion.

Graham factors

Objective reasonableness factors for force: severity of the crime, immediate threat to safety, and active resistance or flight, judged from the officer's perspective.

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 to a supervisor.

Deadly force standard

Force likely to cause death or serious bodily injury, permitted only when the officer has probable cause of a significant threat of death or serious injury.

Procedural justice

Fair treatment through voice, neutrality, respect, and trustworthy motives; these elements build perceived legitimacy and voluntary cooperation with law enforcement.

SARA model

A problem-solving method with four stages: scanning to identify the problem, analysis, response, and assessment of the outcome.

Bias-free policing

Decision-making based on specific, articulable facts and behavior rather than race, ethnicity, religion, national origin, gender, or other protected characteristics.

Brady obligation

The duty to disclose exculpatory and impeachment evidence to the prosecution; officers must report information that could affect the case.

Gratuity rule

Acceptance of gifts or gratuities is governed by agency policy because even small gifts can create a conflict of interest or appearance of impropriety.

Due regard

The statutory duty to drive an emergency vehicle with consideration for the safety of all persons, which persists even when emergency privileges are claimed.

Pursuit termination

The decision to end a pursuit when risk to the public outweighs the need for immediate apprehension; the reason must be documented.

Report elements

A complete report answers who, what, when, where, why, and how, and states the legal basis for each action taken by the officer.