NY POST flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

PL 10.00 felony definition

An offense for which a sentence to a term of imprisonment in excess of one year may be imposed. Felonies are classified A through E, with A being the most serious.

CPL 140.20 arraignment timing

After a warrantless arrest, the defendant must be brought before a court without unnecessary delay. CPL 180.80 generally requires release after 72 hours absent grand jury action for felonies.

CPL 160.50 sealing

Upon favorable termination of a criminal action, all official records of the arrest and prosecution must be sealed and not made available to any person or public agency except as authorized.

Burglary second degree elements

Knowingly entering or remaining unlawfully in a building with intent to commit a crime therein, where the building is a dwelling, a non-participant is injured, or a weapon is displayed.

PL 35.30 use of force

A police officer may use physical force when reasonably necessary to effect an arrest, prevent escape, or defend self or another from physical injury, subject to deadly force limits.

Deadly physical force standard

Justified only when the officer reasonably believes the subject poses an imminent threat of serious physical injury or death to the officer or another person, or to prevent escape under Garner.

Graham v. Connor factors

Objective reasonableness considers severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or attempting to evade arrest by flight.

Duty to intervene

Officers must stop and report excessive force by another officer. Failure to intervene can create civil liability under Section 1983 when the officer had an opportunity to act.

Terry stop standard

Reasonable suspicion, based on specific and articulable facts, that a person has committed, is committing, or is about to commit a crime justifies a brief investigative detention.

Miranda custody test

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

Sixth Amendment attachment

The right to counsel attaches when adversary judicial proceedings begin, such as arraignment or indictment, not merely at the time of arrest or booking.

Automobile exception

If probable cause exists that a vehicle contains contraband or evidence, officers may search the entire vehicle and containers within it without a warrant, including the trunk.

Monell municipal liability

A municipality is liable under Section 1983 only when an official policy, custom, or practice caused the constitutional violation. Respondeat superior does not apply to municipalities.

Qualified immunity

Shields officers from civil damages unless the violated right was clearly established at the time of the conduct and a reasonable officer would have known the conduct was unlawful.

Notice of claim requirement

New York General Municipal Law Section 50-e requires a notice of claim within 90 days of the incident as a condition precedent to a tort action against a municipality.

Brady disclosure obligation

The prosecution must disclose material exculpatory evidence to the defense. Giglio extends this duty to impeachment information about government witnesses, including officer credibility records.

VTL 1192 DWI tiers

Driving while ability impaired is a violation. Per se DWI at .08 BAC or more is a misdemeanor for a first offense; repeat within ten years can be a felony.

Chemical test refusal

Refusing a chemical test after arrest for DWI triggers license revocation and an administrative hearing. The refusal may be introduced at trial as evidence of consciousness of guilt.

Whren pretext stop rule

A traffic stop is reasonable under the Fourth Amendment if probable cause of a traffic violation exists, even if the officer's subjective motive was to investigate another crime.

Chain of custody purpose

Documents every transfer and handling of evidence from collection to court, showing the item is the same and unaltered. Gaps affect admissibility and weight.

Biological evidence packaging

Air-dry biological evidence and package it in paper, not plastic. Moisture and heat promote degradation and mold, which can destroy DNA profiles.

Digital evidence hashing

Compute a cryptographic hash such as SHA-256 of a forensic image to verify integrity. Document the tool, version, and hash value in the case file.

Sequential double-blind lineup

The administrator does not know which lineup member is the suspect and presents members one at a time. This reduces suggestion and misidentification risk.

Active shooter contact team

First responding officers form a contact team, bypass injured persons, and move directly to locate and neutralize the threat before establishing a perimeter or triage.

High-risk vehicle stop

Position the patrol vehicle offset for cover, issue clear commands from cover, request backup, and approach only when sufficient resources are on scene.

Pursuit termination factors

Terminate a pursuit when the risk to the public outweighs the need for apprehension. Supervisors must monitor and may terminate the pursuit at any time.

Mental Hygiene Law 9.41

A police officer may take a person into custody for emergency psychiatric evaluation when reasonable cause exists that the person has a mental illness and poses a danger to self or others.

CIT model

Crisis Intervention Team training provides officers with skills to recognize mental illness and substance use, de-escalate encounters, and link individuals to community mental health services.

Procedural justice elements

Voice, neutrality, respect, and trustworthy motives. These elements increase perceived legitimacy of police actions and improve voluntary cooperation with the law.

Objective report language

Reports should record observable facts, statements, and actions rather than conclusions or labels. Quote statements exactly and document times, locations, and evidence references.

Report addendum rule

Never alter a submitted report. Corrections and new information must be documented in a supplemental report or addendum that identifies the original report and the reason for the change.

Bias-free policing rule

Enforcement decisions must be based on behavior and reasonable suspicion, not race, ethnicity, religion, gender, or other protected characteristics. Stops must be documented as required.