NM POST flashcards
NM POST · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- New Mexico murder penalty
- First-degree murder in New Mexico carries life imprisonment without the possibility of parole; the state does not impose the death penalty.
- Probable cause arrest
- A warrantless arrest requires probable cause that a person committed a felony or a misdemeanor in the officer's presence, based on specific facts.
- Miranda invocation
- When a suspect invokes the right to remain silent or to counsel, questioning must stop; counsel must be provided before further interrogation if requested.
- Implied consent
- New Mexico law deems drivers to consent to chemical testing; refusal leads to license revocation and may be used as evidence at trial.
- Exclusionary rule
- Evidence obtained through unconstitutional search or seizure is generally inadmissible in state prosecutions under NMSA 30-15-1.
- Juvenile jurisdiction
- New Mexico juvenile court jurisdiction generally begins at age 15 and extends through age 17 for delinquency proceedings under the Delinquency Act.
- Basic speed rule
- Drivers must travel at a speed reasonable and prudent for conditions; posted limits are presumptive rather than absolute under NMSA 66-7-301.
- DWI per se limit
- New Mexico prohibits driving with a blood alcohol concentration of 0.08 or higher, 0.02 for drivers under 21, and 0.04 for commercial drivers.
- Move Over Law
- Drivers approaching a stationary emergency vehicle with flashing lights must slow down and, if safe, move to a non-adjacent lane.
- Reasonable suspicion stop
- A traffic stop requires reasonable suspicion of a violation; the stop must last no longer than necessary to address that violation.
- Protective sweep
- Officers may search the passenger compartment for weapons when reasonable suspicion exists that the suspect is dangerous and may access a weapon.
- Field sobriety testing
- Standardized NHTSA tests, including horizontal gaze nystagmus, walk-and-turn, and one-leg stand, support probable cause for DWI arrest.
- Twenty-minute period
- After a DWI arrest, the officer must advise of refusal consequences and allow at least 20 minutes to contact counsel before chemical testing.
- Traffic stop duration
- The stop may last only as long as needed to address the violation; unrelated inquiries require independent reasonable suspicion.
- Chain of custody
- Documentation of every evidence transfer, including collector, date, time, location, and each handler, establishes authenticity for trial.
- Biological evidence packaging
- Biological evidence should be air-dried, packaged in paper, and refrigerated; plastic packaging traps moisture and promotes degradation.
- Search warrant execution
- A New Mexico search warrant must be supported by probable cause, describe the place and items with particularity, and be executed within 10 days.
- Scene photography
- Photograph the scene before altering it, using overall, mid-range, and close-up images with a scale, and log each photograph.
- Digital evidence integrity
- Preserve digital evidence with hash values, use write-blocking during analysis, and document each transfer in a chain-of-custody log.
- Crime lab submission
- Submit evidence to the New Mexico crime laboratory with a completed request form identifying the case number and tests needed.
- Graham standard
- Force is judged by objective reasonableness from the perspective of a reasonable officer on scene, without hindsight, under Graham v. Connor.
- Tennessee v. Garner
- Deadly force against a fleeing suspect is prohibited unless probable cause exists that the suspect poses a significant threat of death or serious injury.
- Deadly force definition
- Force likely to cause death or serious bodily injury, including firearm discharges and intentional strikes to the head or neck.
- Duty to intervene
- Officers must intervene when they observe another officer using excessive force and must report the incident to a supervisor.
- De-escalation
- Using time, distance, cover, and communication to reduce the need for force before resorting to higher levels of force.
- Post-force duties
- After using force, render aid, request medical assistance, notify a supervisor, and complete a use-of-force report as soon as practicable.
- Brady disclosure
- Brady v. Maryland requires disclosure of exculpatory evidence to the defense; Giglio extends this to impeachment material, including officer credibility.
- Bias-free policing
- Stops and enforcement must be based on specific, articulable facts, not race, ethnicity, religion, gender, or national origin.
- Code of ethics
- New Mexico's Law Enforcement Code of Ethics requires officers to serve the public, protect lives, and uphold the Constitution with dignity.
- Report structure
- A complete report includes who, what, when, where, why, and how, plus the officer's name, badge number, case number, and disposition.
- Report writing style
- Reports should be written in first person, past tense, chronologically, using objective language and facts rather than conclusions.
- Court testimony
- Testify only to what you know; review reports and evidence beforehand, answer the question asked, and say so if you do not know.