Title 14

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Title 14. Code Policy and Legal Procedures

(14)01. Involuntary Intoxication
1. A person found to be involuntarily intoxicated, meaning they were evidently drugged or had their awareness impaired against their will or knowledge, cannot be found guilty of an offense as they did not have the adequate state of mind to do so.
(14)02. Private Defense, Self Defense, Castle Doctrine, And Defense Of Others
1. A person who has a reasonable belief that they, or another, are in imminent danger of being killed, seriously injured or unlawfully touched and believe that imminent force is needed to prevent that danger and use no more force than is necessary to negate that danger will absolved of criminal liability in Title 1. Crimes Against the Person. ALL these requirements must be met to be completely absolved of criminal liability.
2. This also applies in the case of a person who is protecting their home from imminent danger or robbery when on private property.
3. This defense cannot be applied in cases of gang on gang violence or in other such instances where the party claiming the defense was put at risk of immediate danger by their own involvement with actionable criminality.
(14)03. Necessity
1. A person who commits an offense out of necessity to protect themselves or others from significant bodily harm or emergency, has no adequate legal alternative, did not create a greater danger through their actions and held an actual and reasonable belief that their action was necessary to prevent harm, will be absolved of criminal liability for the offense deemed to be committed as a necessity to prevent greater harm.
2. This defense cannot be applied in cases of gang on gang violence or in other such instances where the party claiming the defense was put at risk of immediate danger by their own involvement with actionable criminality.
(14)04. Entrapment
1. A person who would not have committed an offense if not for for the harassment, threats, or coercion to do so by members of law enforcement cannot be found guilty of the offense that they were persuaded to commit.
(14)05. Duress
1. A person who commits any offense in response to immediate threats to kill from a third party and does so in order to negate those threats cannot be found to have had the required criminal intent with which to be held liable for an offense.
2. The only exception to this are severe crimes against the person, such as torture, murder, and attempted murder, as it is not justifiable to take or severely harm another life unless in an act of self defense.
(14)06. Suspicion Policy
1. A peace officer's justifiable suspicion of a person to commit or conspire to commit a crime is sufficient to allow that individual to be detained for questioning for no more than 30 minutes in police or court custody, however they cannot be searched beyond a legal Terry Frisk for the officer’s safety unless probable cause or concurrent evidence emerges.
2. A person who is at the scene of a crime, riot, or major public disturbance may also be classified under the suspicion policy for temporary detainment.
3. Violation of this policy, or an act of justifiable suspicion that extends beyond legal bounds, extends beyond Color of Law and is satisfactory for suit.
(14)07. Officer Discretion
1. Law enforcement officers shall have the authority to use their discretion when issuing infractions or select misdemeanors. This discretion entitles the officer to choose to forego an infraction or misdemeanor penalty based on their personal judgement.
2. Officers may choose to issue Officer Discretion and forego charging, not issue a fine or other punishment in lieu of the typical punishment.
3. Officers cannot elect Officer Discretion if the independent victim, property owner, or affected party chooses to press charges on the perpetrator.
(14)08. Good Samaritan Clause
1. Citizens may perform a legal Citizen’s Arrest when an individual has committed a misdemeanor or greater offense and the citizen wishes to restrain the individual until proper authorities can arrive to support, assist, or assess the situation.
2. Citizens may, at the request of the government worker, may give their assistance with carrying out official government business, so long as it doesn’t extend beyond the powers, duties, responsibilities, and authorities of that government worker.
3. Citizens may come to the aid of a government worker who is in duress or incapacitated during official government business to save or protect their life or assist informing official agents.
(14)09. Imprisonment & Punishment Criteria
1. Only criminal violations that originate from the San Andreas Penal Code may carry a misdemeanor or felony-level punishment with imprisonment in a county or state penitentiary.
2. All sentences are carried out at the San Andreas State Correctional Facility.
3. Each bullet number (referred to as an element) in a penal code entry refers to an applicable charge for each entry. Violating any one of the descriptions is a violation of the penal code entry.
4. So long as no exceptions are stated in the penal code entry, charges can be stacked for additional imprisonment. See (14)00. Exception for details.
5. ((Persons who roleplay without a sound mind will still, in any case, be arrested and charged for the crime they commit. Technically they’d be delivered to an appropriate institution in-character but are dropped off to the local county or state jail before being sent there. They may and would not be placed with the regular prison population.))
(14)10. Maximum Imprisonment
1. A person cannot be imprisoned for longer than 10 minutes despite the number of charges on this individual exceeding a 10 minute penalty.
(14)11. Wiretapping, CCTV & Videotaping Policy
1. The State of San Andreas shall have a one-party notification policy for wiretapping without appropriate surveillance warrants and authorizations.
2. A person who is found to violate these wiretapping laws can be charged with (13)10. Wiretapping Violation
3. Moles, bugs, and other illegal surveillance falls under wiretapping laws and violations / policies.
4. Government Employees may be recorded by civilians at all times when conducting their duties in an official capacity or when on-duty.
5. ((CCTV is considered reasonably accessible to the courts when sourced from inside and around all public facilities, from police dashcams, or when subpoenaed by a private business that claims to have CCTV cameras installed. Public CCTVs cannot be tampered, modified, stolen, or destroyed.))
NOTES

So long as one party (either person on the phone, in a facility, or other location where a conversation or event is being recorded) is aware of the situation it is considered a legal recording. Property owners always have full surveillance rights to their property and facilities, parking lots, etc. they maintain.

(14)12. Police Exigency & Hot Pursuit Policy
1. Peace officers have the authority to follow suspects into private property if directly related to an ongoing pursuit. Entry related to investigations or other projects not in a direct pursuit of a suspect require a warrant.
2. Peace officers have the authority to enter the public area of a private facility, such as the public area of a club or restaurant, at all times the facility is open to the public. Private areas of the facility require permission of the facility manager or a warrant.
3. 14.13 Probable Cause & Plain View still applies when an officer is entering a facility for hot pursuit or entering the public area of a private facility.
NOTES

This includes multiple rooms where a suspect could reasonably have ran to, such as several apartments within an apartment complex.

(14)13. Probable Cause & Plain View Policy
1. Peace officers have the power to seize and record evidence upon any event that is in their plain view so long as they have a legal reason to be where they’re located at the time.
2. A person who gives a government employee permission to view or access a facility, equipment or other areas is permitting an officer to view a facility for probable cause or plain view evidence.
3. Probable Cause does not have a specific definition, but refers to the ongoing premise that an officer’s “gut feeling” supported by plain view evidence (such as the smell of marijuana or other items) that would imply a probable situation of criminality and authorize a search based on that evidence. Probable Cause can be circumstantially contested in a court of law.
NOTES

Plain View applies even when an officer is in hot pursuit and enters, for example, an apartment complex and sees a clear criminal act in progress while chasing someone. They can call in other units to seize and handle that situation too.

(14)14. Warrant Policy
1. Warrants may be issued for the arrest of a person, search of a person, or search of property.
2. Warrants may only be issued by the following individuals
  1. All members of the Los Santos Police Department, San Andreas Highway Patrol, and Blaine County Sheriff's Office with a rank of Sergeant or higher.
  2. All directors of the Department of Justice
  3. The supervisors and coordinators of the following subdivisions
    1. Highway Patrol Investigations Unit
    2. Warrant Services
    3. Detectives Unit
3. Prior to issuing an arrest warrant the following criteria must be met by the person issuing the warrant:
  1. Evidence exists that indicates that the named person committed the crime without a reasonable doubt.
  2. If there is a reasonable doubt but suspicion a person may be detained under code section (14)06.
4. Prior to issuing a search warrant the following criteria must be met by the person issuing the warrant:
  1. Probable cause exists that the person has evidence of a crime in a specific location
  2. When the warrant is issued it must state the area to be searched and the items to be seized.
5. The following searches do not require a warrant:
  1. A limited search of a suspect’s outer clothing for weapons if there is a reasonable suspicion (referred to as a Terry Frisk).
  2. A search of a vehicle if the officer has probable cause to conduct the search.
  3. A search of a vehicle after an arrest of a person who was in the vehicle.
    1. If the person arrested is not the driver or owner only the area of the vehicle immediately accessible to the passenger can be searched.
  4. A full and complete search of a suspect who has been arrested.
  5. A search where the owner or tenant of a building/vehicle/property authorizes the search.
  6. An Administrative Search
    1. An Administrative search is one that complies with all of the following;
      
      Serves a non investigative purpose
      
      Serves the public good
      
      Is only as invasive as required to meet the purpose given
      
      Is applied either to all persons/property within or accessing a given area or is applied in a random manner
      
      May be opted out of prior to the search commencing
      
      Persons who opt out of a search may be denied access to the area being protected by the search
      
      A person may not opt out of an administrative search after entering an area where a notice is published that searches may be conducted
(14)15. Arrest Policy
1. In order to arrest a person and charge them with a specific penal code violation all of the following must be true:
  1. The officer must have evidence that indicates beyond a reasonable doubt that a person has committed a misdemeanor or felony listed in this penal code.
2. Once a person has been arrested they must be informed of the following by a peace officer no later than upon arriving at the booking desk at a police station:
  1. Reason of arrest to include penal code section.
  2. Evidence used to establish “beyond a reasonable doubt”
  3. Provide an opportunity to refute this evidence and provide his or her own counter evidence.
    1. The officer shall consider this evidence before starting incarceration and release the person if the “beyond a reasonable doubt” standard is no longer met.
    2. When a person is released under this section transportation must be provided to the location the person was arrested at with no fees assessed to the person.
  4. Length of sentence
  5. Officer identification (name and badge/unit number) of the officer providing the information and who determined that an arrest should be made.
3. As soon as the requirements above are met the peace officer shall start the person's sentence.
4. A peace officer who violates this section is in violation of penal code (4)16.
5. This section does not require the officer who established the cause for arrest to be the officer who arrests the suspect and informs the suspect of the charges.
6. The officer who establishes the reason for arrest required in element 1 shall keep all records regarding the arrest and cause for 72 hours.
7. An officer who arrests and provides the information required in element 2 shall keep all records regarding the charges, time of arrest, and length of sentence for 72 hours.
(((14)16. Appeals
1. Note: This is an OOC section. Due to our lack of a court system it is impossible to have a proper in character court system. This section is intended to be used in cases where there was a flagrant abuse of power by law enforcement officers and not as an “in character fighting of charges”. Officers who are punished under this code will be punished both IC (under section (4)16 and OOC.
2. Citizens who feel that they were arrested in violation of section (14)15 should take the following action as soon as possible after his or her arrest:
  1. Notify a patrol supervisor of the concern to include the following:
    1. Arresting officer or officer who violated section (14)15.
      
      This will usually be the arresting officer however if a citizen is arrested by an officer who did not know of the violation of (12)15 the complaint should be directed to the officer identified as establishing the cause for arrest (example: 1 unit is called to the scene to arrest and transport but is unaware of the reason for arrest except for what the officer was told upon arrival would not be responsible for the arrest being in violation of (14)15.
    2. Reason it is felt the arrest is in violation of section (14)15.
      
      Note: While having not performed the act alleged is normally cause for a complaint it does not prove a violation of (14)15. If the officer has a chain of evidence that shows apparent proof of guilt beyond a reasonable doubt no violation has occurred.
    3. Any evidence available supporting this.
  2. Once a supervisor is informed of the complaint he or she will take the following actions as soon as possible.
    1. Contact the identified officer and review the evidence that the officer has kept in accordance with (14)15.
    2. Make a determination if a violation of (14)15 has occurred.
    3. If a violation has occurred the supervisor shall do the following:
      
      Release the falsely arrested person.
      
      Arrest and charge the officer with (4)16.
      
      There is no discretion for a supervisor to not prosecute in this case.
      
      Issue a 10-90 or 10-93 if appropriate.
      
      This is at the discretion of the supervisor.
  3. If a patrol supervisor is not available the following people should be contacted if available to perform these steps (in order):
    1. CIvilian Supervisor (if in patrol)
    2. Civilian Manager (if in patrol)
    3. Fire Department Supervisor (if in patrol)
  4. If none of the people listed are in patrol contact the Civilian Operations Manager within 48 hours of the event.
3. Civilians who regularly file false reports or unreasonable reports may face OOC consequences.
4. This section may also be used by officers who observed a false arrest to report that false arrest.))

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