STATE OF SAN ANDREAS SHERIFF DEPARTMENT CRIMINAL PROCEDURE |  |
As a Deputy, you often arrest suspects and detain them usually based on first-hand eye account. However, even if you have witnessed the commission of a crime firsthand, and have video-graphic evidence. Suspects still have basic rights enshrined in the United States of America's Constitution. The section in which civilians have rights are referred hereto as "The Bill of Rights". The Bill of Rights follows the basic outliers of the Universal Human Rights Declaration, to which the United States of America is a signatory to. The United States of America - Bill of Rights. It is important for Deputies to be mindful of civilian's constitutional rights when applying the law in a particular situation. Below we give you the procedure that you would follow and what laws apply in what circumstance. This is to better equip you when you are on the field. San Andreas State Law - Article I (Section III Powers of a Peace Officer)
Applicable laws: The Constitution of the United States - Article I (Bill of Rights)
"SECTION IV: All citizens have the right to a fair trial. When being questioned, all citizens have the right to remain silent and not further incriminate themselves. They have the right to an attorney during questioning, and if they cannot afford an attorney, the State must provide one when available. No person can be trialed twice for the same crime. When being charged with a crime, the citizen must be informed of the crimes that they are being charged with. In case of court prosecution, the person has the right to appeal the ruling in the Supreme Court."
Applicable Laws: San Andreas State Law - Article I Representatives of Executive and Judicial Bodies - Section III (Powers of a Peace Officer)
SECTION III. Powers of a peace officer
Peace Officers are the only figures allowed by the security codes of the state to pursue violators, in a respectful and efficient manner, and as such have been granted the following powers and responsibilities:
- To hold right of passage on the road when responding to an emergency.
- To be able to violate the speed limits and traffic orientation if needed to perform their duties.
- To restrict access to an area if there is an emergency in progress, or a possible and concrete risk of one happening, such as death threats to the dwellers of said area or an important figure such as a politician visiting it.
- To detain an individual upon probable cause if the act was witnessed by a law enforcement officer or another individual.
- To seize the properties of others if pertaining to a violation of one of the security codes or an order of the court, and to provide the reason of why the seizure happened when asked by the victims or when interrogated in front of the judiciary branch.
- To bear arms and other military equipment forbidden to the general population, with lawful intent and justification.
- To show their departmental badge number or identification document when the subject of a complaint unless not feasible due to dangerous elements around the officer.
I intend on arresting/detaining the Suspect and he asked for an investigation:
Firstly if a Deputy intends on arresting a suspect or detaining them. It is important to first know the stark difference between what is DETAINING a suspect and ARRESTING a suspect. "A detained person can only be kept in custody for a short time without official criminal charges. When the police arrest someone, they keep them there until bail is approved or a court hearing is scheduled. Detention has no impact on a person's criminal history. The arrest is recorded on the person's criminal history." Now whether you detain the suspect or arrest them. You must read them their Miranda rights before you put handcuffs on them and put them in your patrol car. It is also important for a Trooper to understand what are Miranda Rights. Below we explain in short what are Miranda Rights:
In the United States, Miranda Rights is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings.
The language used in Miranda Rights was derived from the 1966 U.S. Supreme Court case Miranda v. Arizona. For example, the warning may be phrased as follows:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. Or use /mir in game.
You must read them their Miranda rights before you put handcuffs on them. Upon arresting a suspect you must state that you are either ARRESTING them or DETAINING them. This will make it clear to them what is to follow next.
I am investigating/Interrogating the suspect and they demanded a lawyer present:
Upon arriving at the station and you have booked the suspect in at the station. You must role-play grabbing a video camera from the drawer and turn it on. State the day, time your rank, your name, your partner's name and rank, badge number and do /td and screenshot all of this information. Afterward, you must ask the suspect to state their full name meaning their first name and last name. If they refuse to state their full names you mention it into the recording device that they have refused to state their name. After gathering all of that information. You proceed to read them their Miranda rights once again. The reason being is, that you will have a recorded device (roleplay-wise) that will be evidence of you affording them their rights. Then you proceed to state what laws they have broken and why they are being detained or arrested. It is important to note the following before you proceed with interrogating a suspect:
1. If they demand a lawyer, you immediately stop interrogating them and call for either their private lawyer or call for state lawyers.
2. If there are no lawyers available whether state or private lawyer. you must state that they will be still detained/Arrested based on this law:
"SECTION III. Powers of a peace officer- To detain an individual upon probable cause if the act was witnessed by a law enforcement officer or another individual."
If there was no lawyer present or available you may proceed to jail them.
