Criminal Law
Not publishedof exam
Constitutional Law
Not publishedof exam
Criminal Procedure
Not publishedof exam
Search Seizure EvidenceProtection OrdersVictim LawArrest Procedures
Use of Force
Not publishedof exam
Force StatutesDeadly ForceGraham StandardGarner Limit
Traffic Law and DWI
Not publishedof exam
DWI DegreesTraffic StopsMove Over LawFleeing Officer
Patrol Operations
Not publishedof exam
Custody TechniquesTransport SafetyHandcuffingProtective Sweeps
Ethics and Community Policing
Not publishedof exam
Bias-Free PolicingCommunity PolicingCrisis ResponseData Practices
Juvenile Justice
Not publishedof exam
Quick Facts
- Exam
- MN POST Licensing Exam
- Body
- Minnesota POST Board
- Questions
- ~150 multiple-choice
- Time
- 3.5 hours
- Pass score
- 70% (105/150)
- Format
- In-person, computer-based
- Level
- State peace officer license
- Guide date
- Rev. 02/2025
Offense Severity Ladder
Petty to Misdemeanor to Gross to Felony
Petty: no jail, $300Misdemeanor: 90 daysGross misd: 364 daysFelony: over 1 year
Misdemeanor vs Gross Misdemeanor
Misdemeanor
- Max 90 days jail
- Max $1,000 fine
Gross misdemeanor
- Max 364 days jail
- Max $3,000 fine
Level sets max penalty
Offense Levels
- Petty misdemeanor
- No jail, max $300609.02
- Misdemeanor
- Max 90 days jail
- Gross misdemeanor
- Max 364 days jail
- Felony
- Over 1 year prison
- MSS 609.02
- Defines all offense levels
Crimes Against Persons and Property
- Murder, 1st degree
- Premeditated, life w/o release609.185
- Robbery
- Theft by force or threat609.24
- Burglary
- Unauthorized entry and intent609.582
- Theft
- Knowing taking, intent to deprive609.52
- Criminal sexual conduct, 1st
- Penetration by force or coercion609.342
- Domestic assault
- Family or household member abuse609.2242
Inchoate Offenses and Defenses
- Attempt
- Substantial step toward crime
- Conspiracy
- Agreement plus overt act
- Solicitation
- Urging another to commit crime
- Self-defense (any person)
- Reasonable force vs imminent threat609.06
- Justifiable deadly force, citizen
- Resist felony or death threat609.065
Amendments Tested Order
1st, 2nd, 4th, 5th, 6th, 8th, 14th
1st: speech, assembly4th: search, seizure5th: self-incrimination6th: counsel, speedy trial8th: cruel punishment14th: equal protection
Amendments Tested
- 1st Amendment
- Speech, assembly, religion
- 2nd Amendment
- Right to bear arms
- 4th Amendment
- No unreasonable search or seizure
- 5th Amendment
- Self-incrimination, due process
- 6th Amendment
- Right to counsel, speedy trial
- 8th Amendment
- No cruel, unusual punishment
- 14th Amendment
- Equal protection, due process
Landmark Case Law
- Terry v. Ohio
- Reasonable suspicion, stop and frisk
- Miranda v. Arizona
- Warnings before custodial interrogation
- Graham v. Connor
- Objective reasonableness, use of force
- Tennessee v. Garner
- Limits deadly force on fleeing felon
Detention vs Arrest
Detention (Terry stop)
- Reasonable suspicion needed
- Temporary, limited freedom
- Brief questioning allowed
Arrest
- Probable cause needed
- Freedom fully removed
- Booking follows
Suspicion holds; cause arrests
Contact, Detention, or Arrest
- Voluntary conversation→Contact(Free to leave)
- Reasonable suspicion of crime→Terry stop(Terry v. Ohio)
- Probable cause established→Arrest(Freedom removed)
- Custodial plus interrogation→Miranda warning required(Miranda v. Arizona)
- Non-custodial questioning→No Miranda required
Search, Seizure and Evidence
- Arrest w/ or w/o warrant
- Probable cause governs both629.30-.35
- Search warrant
- Judge-issued, based on affidavit626.11
- Curtilage
- Area immediately around dwelling
- Direct vs circumstantial evidence
- Direct proves; circumstantial infers
- Contact vs detention vs arrest
- Increasing restraint on movement
- Subpoena
- Compels testimony or appearance
- Search incident to arrest
- Search person, reachable area
- Protective sweep
- Check premises for hidden threats
OFP vs DANCO
OFP
- Civil order
- Domestic abuse victims
- Ex parte available
DANCO
- Criminal case condition
- No-contact requirement
- Set by court
Civil order vs criminal condition
Protection Orders and Victim Law
- OFP
- Order for Protection, incl. ex parte518B.01
- DANCO
- Domestic Abuse No Contact Order
- HRO
- Harassment Restraining Order609.748
- QDRO
- Qualified domestic violence offense
- Domestic Abuse Act
- Defines domestic abuse, family518B.01
- Victim rights
- Notice, input, restitution rights611A.01
Force Continuum Order
Presence, Verbal, Soft, Hard, Less-lethal, Deadly
Presence: officer visibleVerbal: commands givenSoft: hands-on controlHard: strikes, takedownsLess-lethal: Taser, OC, batonDeadly: last resort
Graham vs Garner
Graham v. Connor
- Objective reasonableness test
- Any force level
- Totality of circumstances
Tennessee v. Garner
- Deadly force only
- Fleeing felon limit
- Must pose threat
General force vs deadly force
Force Response Selection
- Verbal non-compliance→Presence and commands
- Passive resistance→Soft empty-hand control
- Active resistance→Hard empty-hand or OC spray
- Assaultive, non-deadly threat→Less-lethal (Taser, baton)
- Deadly threat to anyone→Deadly force(609.065/609.066)
- Fleeing, unarmed, non-dangerous→No deadly force(Garner rule)
Force Statutes and Duty
- Authorized use of force
- Reasonable force, lawful duties609.06
- Deadly force, citizen
- Self-defense vs death or harm609.065
- Deadly force, officer
- Prevent death or great harm609.066
- Duty to intercede
- Stop and report excess force626.8475
- Graham objective standard
- Reasonable officer, on scene
- Garner fleeing-felon limit
- No shooting non-dangerous fleeing
609.065 vs 609.066
609.065 (citizen)
- Self-defense deadly force
- Any person may use
609.066 (officer)
- Peace officer deadly force
- Prevent death or harm
Citizen vs officer authority
DWI Degree Ladder
4th lowest up to 1st worst
4th: no aggravators3rd: one factor2nd: two factors1st: felony level
DWI Degree Selection
- No aggravating factors→4th degree DWI(169A.27)
- One aggravating factor→3rd degree DWI(169A.26)
- Two aggravating factors→2nd degree DWI(169A.25)
- Felony-level history or factors→1st degree DWI(169A.24)
- Refusal, prior, child, high BA→Counts as aggravator(169A.03)
DWI Degrees and Aggravators
- DWI definition
- Impaired driving standard169A.20
- 4th degree DWI
- Lowest tier, no aggravators169A.27
- 3rd degree DWI
- One aggravating factor169A.26
- 2nd degree DWI
- Two aggravating factors169A.25
- 1st degree DWI
- Felony, prior offenses/factors169A.24
- Aggravating factors
- Prior DWI, high alcohol, child169A.03
Traffic Stops and Violations
- Reckless/careless driving
- Willful or negligent operation169.13
- Fleeing a peace officer
- Motor vehicle flight crime609.487
- Ted Foss Move Over law
- Slow, move for stopped vehicles169.18
- DAC
- Driving after cancellation
- DAC-IPS
- Gross misdemeanor, worst DAC
- Pretextual stop
- Valid stop, unrelated investigation
Custody and Transport Safety
- Approach with caution
- Every arrest is dangerous
- Front handcuffing exception
- Pregnant, injured, disability cases
- Multiple restraint devices
- Used if violently resisting
- Transport position
- Rear seat, passenger side, belted
- Transport reporting
- Odometer, location, destination logged
Racial Profiling vs Pretextual Stop
Racial profiling
- Based on race alone
- No behavior justification
- Illegal
Pretextual stop
- Valid traffic violation
- Unrelated crime suspected
- Legal if justified
Race-based vs violation-based
Ethics, Bias, and Crisis Response
- Racial profiling
- Action based on race alone626.8471
- Implicit bias
- Unconscious attitudes affect decisions
- Bias-crime reporting
- Report to department head626.5531
- Data Practices Act
- Governs data classification, access13.82
- Professional conduct standard
- Peace officer conduct rules626.8457
- Community policing pillars
- Partnerships, transformation, problem solving626.8455
- Autism-informed policing
- Patience, simple words, space626.8469
- Mental health crisis response
- De-escalate, partner, document
Juvenile Case Routing
- Minor-status act only→Status offense(Not adult crime)
- Delinquent act, under 18→Juvenile court(260B.007)
- Serious or violent offense→Consider certification(260B.125)
- Needs both court systems→EJJ prosecution(260B.130)
- Very young child suspect→Assess capability(609.055)
Juvenile Classifications
- Status offense
- Crime only if juvenile
- Delinquent child
- Committed a crime, juvenile260B.007
- Juvenile petty offender
- Minor, non-criminal juvenile act260B.007
- Juvenile traffic offender
- Traffic law violation, juvenile260B.225
- Certified to adult court
- Tried as adult, serious case260B.125
- Extended jurisdiction juvenile
- Juvenile and adult sentence combo260B.130
- Capability of children
- Age affects criminal capacity609.055
Common Traps
Contact ≠ Detention ≠ Arrest
Contact: free to leave ≠ Detention: reasonable suspicion only
609.065 ≠ 609.066
609.065: citizen self-defense ≠ 609.066: officer deadly force
Graham ≠ Garner
Graham: general force test ≠ Garner: fleeing felon deadly limit
Racial profiling ≠ Pretextual stop
Profiling: race-based, illegal ≠ Pretextual: violation-based, legal
Status offense ≠ Delinquency
Status: legal only if juvenile ≠ Delinquency: would be crime, adult
OFP ≠ DANCO
OFP: civil protective order ≠ DANCO: criminal no-contact condition
Last Minute
- 1.150 questions in 3.5 hours
- 2.Pass score: 70% (105/150)
- 3.No notes or phones allowed
- 4.Contact vs detention vs arrest
- 5.Graham tests objective reasonableness
- 6.Garner limits deadly force use
- 7.609.065 citizen; 609.066 officer force
- 8.Miranda required only when custodial
- 9.DWI ranges from 4th to 1st
- 10.Amendments tested: 1st,2nd,4th,5th,6th,8th,14th
- 11.Ted Foss law: move over
- 12.Community policing: partnership, transformation, problem-solving
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