NH POST key terms

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.

A lower standard than probable cause in which specific, articulable facts suggest criminal activity may be occurring, permitting a brief investigative stop under Terry v. Ohio.

A brief detention of a person based on reasonable suspicion so an officer may investigate suspected criminal activity without arresting the person; named for the Supreme Court decision Terry v. Ohio.

A limited pat-down of a person's outer clothing for weapons, permitted when an officer reasonably suspects the person is armed and dangerous; its scope is confined to locating weapons.

A written order issued by a judge or magistrate, supported by sworn probable cause, directing officers to take a named person into custody.

A court order authorizing officers to search a specified place or person and seize specified items, issued only on probable cause and particular in its description of what may be searched and taken.

The doctrine barring the prosecution from using evidence obtained through unconstitutional searches or seizures, with limited exceptions such as inevitable discovery and good faith.

Derivative evidence found as a result of an earlier illegal search or seizure; it is generally inadmissible unless the link to the original violation is sufficiently attenuated.

The advisement of rights-silence, counsel, and appointed counsel-required before custodial interrogation, so statements made without it may be suppressed.

Questioning by officers that is reasonably likely to elicit incriminating responses, occurring after a person has been taken into custody or otherwise deprived of freedom in a significant way.

A knowing, voluntary, and intelligent relinquishment of Miranda rights, which may be implied from conduct but must not result from coercion or deception.

The constitutional provision protecting people against unreasonable searches and seizures and requiring warrants to be supported by probable cause and particular in scope.

The constitutional provision protecting against compelled self-incrimination and double jeopardy and guaranteeing due process, the basis for the Miranda rule.

The constitutional provision guaranteeing the right to counsel and a speedy, public trial by jury, which attaches to critical stages once formal charges are filed.

The accused's entitlement to a lawyer, which attaches at interrogation under the Fifth Amendment and at critical pretrial stages under the Sixth Amendment after charges are filed.

The constitutional rule that a warrant must describe with specificity the place to be searched and the persons or things to be seized, preventing general exploratory searches.

A warrantless search justified by a person's voluntary agreement, which may be limited or withdrawn and must be given by someone with actual or apparent authority over the area.

The rule allowing warrantless seizure of evidence when an officer is lawfully present, the item's incriminating character is immediately apparent, and the officer has lawful access to it.

Urgent conditions-such as hot pursuit, imminent destruction of evidence, or danger to life-that justify a warrantless entry or search that would otherwise require a warrant.

A restraint on freedom of movement comparable to formal arrest, judged by whether a reasonable person in the suspect's position would feel free to leave.

The amount of force objectively necessary, judged from the perspective of a reasonable officer on scene, to effect an arrest, prevent escape, or defend against a threat.

The Graham v. Connor standard assessing force by what a reasonable officer would have done under the totality of circumstances, without regard to the officer's subjective intent.

Force that creates a substantial risk of causing death or serious bodily injury; under Tennessee v. Garner it may not be used to prevent escape of a suspect who poses no immediate threat.

The full set of facts known to an officer at the time of a decision-including the suspect's conduct, the environment, and available information-used to evaluate reasonableness.

A model that charts escalating levels of officer response-presence, verbal direction, empty-hand control, intermediate weapons, and deadly force-matched to the subject's level of resistance.

A subject's physical actions, short of assault, that defeat an officer's lawful attempt to control or handcuff, such as pulling away, bracing, or tensing.

An officer's obligation to stop or report a fellow officer's use of excessive force when in a position to do so, regardless of rank or personal risk.

Force that exceeds what an objectively reasonable officer would use under the circumstances, exposing the officer and agency to civil liability and discipline.

Exculpatory or impeaching evidence the prosecution must disclose to the defense under Brady v. Maryland; officers must preserve and forward such information.

The documented, unbroken record of who collected, handled, transferred, and stored evidence from the scene to the courtroom, used to prove integrity in court.

The systematic gathering, packaging, and labeling of physical and digital items at a scene in a manner that preserves their condition and admissibility.

Securing and protecting a scene-through perimeter control, limited access, and documentation-to prevent contamination or loss of evidence before investigation.

Preparing a factual, chronological, and complete written account of an incident, including observations, statements, actions taken, and evidence gathered, suitable for court review.

Driving a patrol vehicle in response to an emergency, which generally requires activating lights and siren and is governed by due-regard-for-safety statutes and agency policy.

The legal standard requiring emergency drivers to operate with reasonable care for the safety of others despite exemptions from certain traffic laws.

Agency rules governing vehicle pursuits, setting criteria for initiation, tactics, supervision, and termination based on risk to the public and officers.

The process of detecting and documenting intoxication through driving observations, field sobriety tests, chemical testing, and statutory implied-consent procedures.

Standardized roadside assessments-such as horizontal gaze nystagmus, walk-and-turn, and one-leg stand-used to develop probable cause for impaired driving arrests.

The statutory rule that a licensed driver has agreed in advance to submit to chemical testing when lawfully arrested for impaired driving, subject to refusal consequences.

The practice of making enforcement decisions based on behavior and lawful criteria rather than race, ethnicity, religion, gender, or other protected characteristics.

The principle that people judge law enforcement by the fairness of the process-voice, neutrality, respect, and trustworthiness-as much as by the outcome.

A strategy of partnership between officers and residents to identify and solve local problems, emphasizing communication, prevention, and shared responsibility for public safety.

Selecting or treating a person for enforcement action based on race or ethnicity rather than on specific, articulable facts linking the person to criminal conduct.

The standards of integrity, honesty, accountability, and lawful behavior officers must uphold on and off duty, including truthfulness in reports and testimony.

The ongoing relationship between an agency and the public it serves, built through communication, transparency, responsiveness, and fair treatment during everyday contacts.