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NY POST key terms

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Reasonable Suspicion

A specific, articulable factual basis, more than a hunch, that connects a person to past, present, or contemplated criminal activity and justifies a brief investigative stop under the Fourth Amendment.

Related: Stop and Frisk, Probable Cause
Probable Cause

Facts and circumstances that would lead a reasonable officer to believe a crime has been, is being, or will be committed, or that evidence will be found in a particular place.

Related: Reasonable Suspicion, Arrest Warrant, Search Warrant
Stop and Frisk

A brief detention based on reasonable suspicion, during which an officer may pat down outer clothing for weapons if there is reasonable suspicion the person is armed and dangerous.

Related: Reasonable Suspicion, Terry Stop
Terry Stop

A limited investigative detention named for Terry v. Ohio, permitting a short seizure on reasonable suspicion without a warrant, provided the scope and duration remain tied to the purpose of the stop.

Related: Stop and Frisk, Reasonable Suspicion
Miranda Warning

The advisement of the right to remain silent, that statements may be used against the speaker, the right to counsel, and appointed counsel, required before custodial interrogation.

Related: Custodial Interrogation, Voluntariness
Custodial Interrogation

Questioning by police that is reasonably likely to elicit an incriminating response, conducted while the person is under formal arrest or restrained to a degree associated with formal arrest.

Related: Miranda Warning, Voluntariness
Voluntariness

The requirement that a statement be the product of free and unconstrained choice, not obtained through coercion, threats, promises, or excessive pressure, to be admissible at trial.

Related: Miranda Warning, Custodial Interrogation
Exclusionary Rule

The doctrine barring use at trial of evidence obtained in violation of constitutional rights, subject to recognized exceptions such as inevitable discovery and attenuation.

Related: Fruit of the Poisonous Tree, Inevitable Discovery
Fruit of the Poisonous Tree

Derivative evidence obtained through an initial constitutional violation; it is generally suppressed unless an exception such as independent source or attenuation applies.

Related: Exclusionary Rule, Inevitable Discovery
Inevitable Discovery

An exception to the exclusionary rule allowing evidence obtained unlawfully if it would have been discovered anyway through lawful means already in progress.

Related: Exclusionary Rule, Fruit of the Poisonous Tree
Chain of Custody

The chronological, documented record of who handled evidence, when, and for what purpose, from seizure through final disposition, used to establish integrity and authenticity.

Related: Evidence Integrity, Brady Material
Evidence Integrity

The condition of evidence remaining unaltered and unbroken in custody, protected by proper packaging, sealing, labeling, and storage practices.

Related: Chain of Custody
Brady Material

Evidence favorable to the accused that is material to guilt or punishment and must be disclosed by the prosecution under Brady v. Maryland.

Related: Chain of Custody, Giglio Disclosure
Giglio Disclosure

The obligation to disclose information bearing on the credibility of a testifying officer, including prior findings of dishonesty, that the defense may use for impeachment.

Related: Brady Material, Testimonial Credibility
Testimonial Credibility

The weight a factfinder gives an officer's testimony, built on accurate reports, consistent accounts, careful observation, and candid acknowledgment of uncertainty.

Related: Giglio Disclosure, Contemporaneous Notes
Contemporaneous Notes

Notes recorded during or immediately after an event, used to refresh memory and document observations, times, and statements accurately before report writing.

Related: Testimonial Credibility, Chronological Report Narrative
Chronological Report Narrative

A report structure presenting events in the order they occurred, stating who did what, when, where, and how, with observations separated from conclusions.

Related: Contemporaneous Notes, Elements of the Offense
Elements of the Offense

The specific factual components that must be proven for a particular charge; reports must address each element to support arrest and prosecution decisions.

Related: Chronological Report Narrative, Custodial Arrest
Custodial Arrest

The taking of a person into custody to answer for a criminal offense, requiring probable cause and triggering search-incident-to-arrest and booking procedures.

Related: Probable Cause, Search Incident to Arrest
Search Incident to Arrest

A warrantless search of the arrestee's person and the area within immediate control, justified by officer safety and preventing destruction of evidence.

Related: Custodial Arrest, Exigent Circumstances
Exigent Circumstances

Urgent conditions such as hot pursuit, imminent destruction of evidence, or danger to life that excuse the warrant requirement for a search or entry.

Related: Search Incident to Arrest, Emergency Entry
Emergency Entry

Warrantless entry into a dwelling for the limited purpose of addressing an immediate threat to life or serious injury, with scope limited to that emergency.

Related: Exigent Circumstances, Community Caretaking
Community Caretaking

The non-investigative function of police in assisting persons in distress, returning lost property, and checking on welfare, which can justify limited intrusion without suspicion of crime.

Related: Emergency Entry, Welfare Check
Welfare Check

A call or assignment to verify the safety of a person reported missing, ill, or in distress, handled under caretaking authority with attention to any emerging criminal indicators.

Related: Community Caretaking
Use of Force

Physical coercion applied to gain compliance, evaluated under the objective reasonableness standard considering the totality of circumstances known to the officer at the time.

Related: Objective Reasonableness, Proportionality
Objective Reasonableness

The Fourth Amendment standard asking whether a reasonable officer on the scene, facing the same facts, would have used similar force, judged without hindsight.

Related: Use of Force, Totality of the Circumstances
Totality of the Circumstances

The full set of facts known at the time of a decision, including subject behavior, threats, numbers, environment, and officer information, weighed together rather than in isolation.

Related: Objective Reasonableness, Proportionality
Proportionality

The principle that the level of force used should correspond to the threat and resistance presented, increasing or decreasing as the situation changes.

Related: Use of Force, De-escalation
De-escalation

Techniques such as time, distance, cover, communication, and tactical repositioning intended to reduce the likelihood of force being necessary.

Related: Proportionality, Crisis Intervention
Crisis Intervention

A structured response to persons experiencing behavioral health crises, emphasizing recognition of symptoms, communication, containment, and referral to appropriate services.

Related: De-escalation, Active Listening
Active Listening

A communication technique using attention, paraphrasing, reflecting feelings, and clarifying questions to build rapport and reduce escalation during contacts.

Related: Crisis Intervention, Procedural Justice
Procedural Justice

The perception of fairness shaped by voice, neutrality, respectful treatment, and trustworthy motives, which influences public cooperation and compliance with police.

Related: Active Listening, Implicit Bias
Implicit Bias

Unconscious associations that can influence perception and decisions; bias-free policing requires recognizing and countering such influences through objective, articulable criteria.

Related: Racial Profiling, Procedural Justice
Racial Profiling

Selecting or treating a person for enforcement action based on race, ethnicity, or national origin rather than specific behavior or reliable information.

Related: Implicit Bias, Reasonable Suspicion
Garrity Rights

Protections for public employees compelled to give statements in administrative investigations, limiting use of those statements in subsequent criminal proceedings.

Related: Duty to Intervene, Use of Force Reporting
Duty to Intervene

The obligation of an officer to act to stop another officer's clearly excessive force or misconduct when in a position to do so, and to report it.

Related: Use of Force Reporting, Garrity Rights
Use of Force Reporting

The required documentation of a force incident, including type and duration of force, injuries, witnesses, and supervisory notification, completed accurately and promptly.

Related: Duty to Intervene, Use of Force
Reasonable Doubt

The standard of proof in criminal trials, requiring the factfinder to be firmly convinced of guilt after considering all evidence and defenses.

Related: Elements of the Offense, Probable Cause
Arrest Warrant

A judicial order authorizing the taking of a named person into custody, issued upon a showing of probable cause and executed within its terms.

Related: Probable Cause, Search Warrant
Search Warrant

A judicial order authorizing a search of a described place and seizure of described items, supported by probable cause and limited in time and scope.

Related: Probable Cause, Arrest Warrant
Vehicle and Traffic Stop

A seizure of a vehicle and its occupants based on reasonable suspicion of a traffic violation or other offense; its duration and scope must remain tied to that justification.

Related: Reasonable Suspicion, Pretext Stop
Pretext Stop

A traffic stop supported by an observed violation but actually motivated by a separate investigative purpose; it remains lawful if the violation is real and objectively reasonable.

Related: Vehicle and Traffic Stop, Reasonable Suspicion
Field Interview

A consensual or suspicion-based contact to gather identifying information and observations, documented for investigative purposes without necessarily resulting in arrest.

Related: Reasonable Suspicion, Stop and Frisk