NM POST key terms

The advisory police must give before custodial interrogation, telling a suspect of the right to remain silent, that statements may be used against them, the right to counsel, and appointed counsel if indigent.

Questioning by officers that the suspect reasonably understands as likely to produce incriminating answers, conducted while the person is under formal arrest or deprived of freedom in a significant way.

A brief investigative detention based on reasonable suspicion of criminal activity, during which the officer may pat down outer clothing for weapons if safety concerns are present.

Specific and articulable facts, taken with rational inferences, that would lead a reasonable officer to believe criminal activity has occurred, is occurring, or is about to occur.

Facts and circumstances that would convince a reasonable person that a crime was committed and that the person or place targeted is connected to that crime; required for arrests and most searches.

A written court order, supported by sworn probable cause, authorizing officers to search a described place or person and seize specified items within a stated time frame.

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

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

A warrantless search permitted when a person with authority over the area voluntarily agrees, without coercion, and may limit the scope or withdraw permission at any time.

A judicial order based on probable cause directing officers to take a named person into custody, usually describing the offense and the person to be arrested.

Constitutional provision protecting against unreasonable searches and seizures and requiring warrants to be supported by probable cause, particularly describing the place and things to be seized.

Principle barring the prosecution from using evidence obtained through unconstitutional searches or seizures, subject to exceptions such as good faith and inevitable discovery.

Chronological written record of who handled, transferred, and stored evidence, from collection through trial, used to show the item is unchanged and authentic.

Prosecution's constitutional duty to turn over material exculpatory or impeachment evidence to the defense, an obligation that also reaches information known to investigating officers.

Requirement that prosecutors disclose evidence of a testifying officer's credibility problems, such as dishonesty findings, so the defense can impeach the witness.

A framework describing escalating levels of subject resistance and matching officer responses, from presence and verbal direction through control holds, intermediate weapons, and deadly force.

Standard for judging force under the Fourth Amendment, asking what a reasonable officer would do given the totality of circumstances known at the time, without hindsight.

Techniques such as time, distance, cover, communication, and tactical repositioning used to reduce the likelihood that force will be needed during an encounter.

Obligation of an officer who witnesses excessive or unlawful force by another officer to stop it when feasible and report it, rather than remain silent.

Force that exceeds what a reasonable officer would use under the circumstances, measured by the threat posed, the subject's behavior, and the officer's training and available options.

The complete set of facts known to the officer at the moment of decision, including the subject's actions, environment, and information received, weighed together rather than in isolation.

Operating a motor vehicle while affected by alcohol, drugs, or a combination so that the driver's physical or mental faculties are diminished, impairing safe operation.

Validated roadside tests, typically horizontal gaze nystagmus, walk-and-turn, and one-leg stand, administered in a prescribed manner to gather evidence of impairment.

Legal principle that a person who drives on public roads has already agreed to submit to chemical testing when lawfully arrested for impaired driving, subject to refusal consequences.

Specific facts, such as a traffic violation or erratic driving, that justify an officer in stopping a vehicle; the stop's scope must stay tied to its purpose.

Driving a police vehicle in response to an emergency, permitted to use lights, siren, and limited exemptions from traffic law while keeping due regard for public safety.

An active attempt by an officer in a vehicle to apprehend a fleeing driver who is aware of the attempt and is resisting apprehension by maintaining or increasing speed.

Agency rules setting when officers may pursue, what offenses justify it, supervisory control, termination criteria, and restrictions on tactics such as roadblocks.

Actions taken first at a scene to secure the area, protect evidence from contamination or loss, and record conditions before anyone disturbs the location.

Selecting appropriate containers and labeling to prevent loss, cross-contamination, or degradation of items, such as paper for biological evidence and sealed envelopes for trace items.

Information that tends to negate guilt, reduce the offense, or mitigate punishment, which the prosecution must disclose to the defense.

Interviewing is non-accusatory questioning to gather information from any person; interrogation is accusatory questioning designed to elicit incriminating statements from a suspect.

A suspect's knowing, voluntary, and intelligent decision to give up Miranda rights, shown by words or conduct and evaluated under the totality of circumstances.

A limited pat-down of outer clothing for weapons, justified by reasonable suspicion that a detained person is armed, not a general search for evidence.

Documenting an incident in clear, factual, chronological form covering who, what, when, where, how, and why, without conclusions or opinions unsupported by observed facts.

An officer's sworn statements in court, which must be truthful, limited to personal knowledge, and consistent with reports and prior statements.

The ethical and professional duty to be honest in reports, testimony, and dealings with the public, since dishonesty undermines credibility and can end a career.