Citizens Bill of Rights

26-May-2024

THE STATE OF SAN ANDREAS, FIRE AND ICE RP

BILL OF RIGHTS

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Certified by: The State Director’s Office

This publication outlines THE BILL OF RIGHTS for the State of San Andreas. It establishes the basic rights for all members of the state of San Andreas. This document is second to the US Constitution and all of its attached amendments. It applies to all members actively assigned to or operating in an attached capacity within the State of San Andreas Legal System. All state laws of Fire and Ice RP will trump any law written in this document. This document will be held above the Penal Code in a court of law.

Refer recommended changes and questions about this publication to the Government of Los Santos. They can be contacted through a general ticket in Discord

Chapter 1

INTRODUCTION

This policy establishes basic human rights that are consistent with the values and mission of the San Andreas community and government and are expected of all office members within the legal system. The standards contained in this policy are not to be trumped over in a court of law, but they are to set the standard of the important matters concerning human rights in the State of San Andreas. In addition to the provisions of this policy, members are subject to all other provisions contained in this bill, as well as any additional guidance on conduct that may be disseminated by this office or government.

These Rights will be upheld in accordance with Fire and Ice RP’s current laws, rules, and Procedures. The State’s rules outline how this will meet community guidance as a functioning BILL OF RIGHTS.

Chapter 2

BASIC RIGHTS

  • 2.1. Definition

    • 2.1.1. “Basic Rights” are defined as the basic rights and freedoms to which all humans are considered to be entitled, often held to include the rights to life, liberty, equality, fair trial, etc.

    • 2.2. Common Basic Rights

      • 2.2.1 Right to Life, Liberty, and Equality

      • 2.2.2 Right to a Fair Trial

        • 2.2.2.1 A trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the Penal Code or the appropriate state constitution or other law.

        • 2.2.2.2 If you wish to make a lawsuit, you must submit one to the Court within 48 hours of the time of the event. You also have 48 hours to file an appeal

      • 2.2.3 Right to a Speedy Trial

        • 2.2.3.1 All citizens have the right to a speedy trial in which their case will be reviewed by a lawyer/public defender within a timely manner. No case should take longer than 7 days in most circumstances.

      • 2.2.4 Right to a Lawyer

        • 2.2.4.1 All citizens of the city have the right to a lawyer if they can afford one.

        • 2.2.4.2 After being taken to a police station, a lawyer will have up to 10 minutes to arrive after the arrested suspect reaches out on both Yellow Pages and Discordia. If you have a preference to a lawyer, you will be able to make one phone call to attempt to contact your lawyer. You are entitled to speak with your lawyer about the events and charges for a total of 10 minutes in the station. After 10 minutes the Officers may inform the lawyer to leave, and sentencing may continue without further negotiation.

      • 2.2.5 Right to Self Defense

        • 2.2.5.1 You have a right to defend your land and assets, including vehicles. You may use reasonable force to defend such property. Only if you have reported the crime to police.

        • 2.2.5.2 If in this defense you are forced to use a deadly weapon, but have no permit for said weapon, or it is an illegal firearm; you will still be charged as such for those criminal offenses.

      • 2.2.6 No Unfair Detainment

        • 2.2.6.1 No citizen should be detained/arrested without probable cause of committing a crime.

          • 2.2.6.1.1 Probable cause is a legal standard indicating that there is sufficient evidence to justify certain actions by law enforcement

          • 2.2.6.1.2 Citizens can be detained for safety, or investigation purposes if they are on scene of said crime.

          • 2.2.6.1.3 Once being arrested it is the officer's duty to properly impound any vehicle on scene of the crime.

        • 2.2.6.2 Stop and Identify Statute

          • 2.2.6.2.1 This statute authorizes any trained law enforcement officer in the State of San Andreas to ask for you to provide Identification to them if they have reasonable suspicion that you may have committed a crime.

        • 2.2.6.3 If an Officer asks you to leave an active scene, you must comply and leave area completely.

        • 2.2.6.4 Stop and Frisk Orders

          • 2.2.6.4.1 A stop and frisk is defined as an action in which Law Enforcement will stop all individuals affiliated with a certain organization in search of a person or illegal contraband.

          • 2.2.6.4.2 A stop and frisk can only be issued when said organizations commit multiple serious felonies in one day. And this order only lasts 24 hours from when its announced.

          • 2.2.6.4.3 Citizens have the right to know when a stop and frisk order has been issued and voided.

            • 2.2.6.4.3.1 Citizens will be notified publicly via official channels from department heads.

Chapter 3

ARMED ROBBERIES

  • 3.1 FLEECA BANK PROTOCOL

    • 3.1.1. No demands will be afforded without proper leverage.

      • 3.1.1.1. These demands are subject to approval from LEO high command.

      • 3.1.1.2. All demands are only valid for the first 15 minutes from leaving the bank. After the 15min grace period demands will be canceled and robbers will be pursued at full force.

      • 3.1.1.3. LEOs are obligated to uphold both demands from the negotiations unless the criminals commit a serious felony during the pursuit or the 15-minute grace period is over. 3

      • 3.1.1.4. Safe Passage definition is a safe direct path to your getaway vehicle. In which time authorities will not infringe on this safe passage by tazing, shooting, spike stripping, etc.

    • 3.1.2. The criminal must disclose if they have outside help and how much. They also must specify if the outside help is aquatic or land-based.

  • 3.2 LIABILITY OF DEATH

    • 3.2.1 No citizen can be liable for the death of anyone unless it can be proven beyond the shadow of a doubt that said citizen physically committed the murder themselves or conspired to commit the murder.

    • 3.2.2 No citizen can be liable to pay or serve time for repercussions of individuals who have been murdered by someone else during the commission of a crime unless they conspired to do so.

    • 3.2.3 Individuals are only liable for the murders/injuries in which they have committed or conspired to commit.

Chapter 4

DRUG PROCEDURES

  • 4.1 DRUG PROTOCOL

    • 4.1.1. Citizens cannot be arrested without probable cause.

      • 4.1.1.1. Probable cause is a legal standard indicating that there is sufficient evidence to justify certain actions by law enforcement

      • 4.1.1.2. If an officer can visually confirm a hand-to-hand transaction, probable cause is ensued.

    • 4.1.2. If an officer approaches an area which is remote and there is only a supposed client and the supposed suspect, there is probable cause.

    • 4.1.3. If the supposed suspect is seen on multiple spots where drugs were sold or can match the plate with one seen on an earlier drug related scene, the reasonable suspicion can turn into probable cause.

Chapter 5

RAIDS

  • 5.1 Raid Definition

    • 5.1.1 Raid is defined as an action in which law enforcement seizes illegal assets/contraband inside of any criminal organization’s home, vehicle, or compound. Given authority by Los Santos Legal System on bases of RICCO Act violations. Leo's will expect retaliation in all forms during any raid from all those affiliated with the suspect/s in question.

  • 5.2 Home Raid Protocol

    • 5.2.1 PD must have significant evidence to prove with reasonable suspicion that the home in question is being used for illegal activities.

    • 5.2.2 PD must also obtain a legal search warrant signed off by a credible judge prior to the raid. The search warrant must be date and time stamped with the request and approval times. The search warrant must also include the postal/address of the home in question. Once a search warrant is signed off on, PD will issue a warrant for the suspect's arrest after obtaining illegal contraband from the home. Once the suspect is in custody they will be charged accordingly.

    • 5.2.3 PD is only allowed to search the home in which the warrant is signed off for

    • 5.2.4 PD will only take illegal items from the home in question

    • 5.2.5 PD can detain anyone on site during the time of raid for public safety

    • 5.2.6 Police may enter a property if someone whom they are pursuing for a criminal offense enters the property.

      • 5.2.6.1 They may also enter if they physically see something illegal happening within the property limits which constitutes a criminal charge

  • 5.3 Vehicular Raid Protocol

    • 5.3.1 PD must have significant evidence to prove with reasonable suspicion that the vehicle in question is being used for illegal activities.

    • 5.3.2 PD must also obtain a legal search warrant signed off by a credible judge prior to the raid. The search warrant must be date and time stamped with the request and approval times. The search warrant must also include the plate and description of the vehicle in question. Once a search warrant is signed off on, PD will issue a warrant for the suspect's arrest. Once the suspect is in custody they will be asked to remove the vehicle in question from a garage.

    • 5.3.3 PD is only allowed to search the vehicle in which the warrant is signed off for

    • 5.3.4 PD is only allowed to request one vehicle per search warrant

    • 5.3.5 PD is only allowed to raid three vehicle per person every 36 hours

    • 5.3.6 PD will only take illegal items from the vehicle in question

    • 5.3.7 PD can detain anyone on site during the time of raid for public safety

  • 5.4 Compound Raid Protocol

    • 5.4.1 PD must have significant evidence to prove with reasonable suspicion that the compound in question is being used for illegal activities.

    • 5.4.2 PD must also obtain a legal search warrant signed off by a credible judge prior to the raid. The search warrant must be date and time stamped with the request and approval times. The search warrant must also include the postal/address of the compound in question. Once a search warrant is signed off on, PD will issue a warrant for the org owner’s arrest after obtaining illegal contraband from the compound. Once the patron/s is/are in custody they will be charged accordingly.

    • 5.4.3 PD is only allowed to search the compound in which the warrant is signed off for

    • 5.4.4 PD will only take illegal items from the compound in question

    • 5.4.5 PD can detain anyone on site during the time of raid for public safety

    • 5.4.6 PD can assume all assets of any individual on scene are linked to the compound and are free to search based off of Probable Cause.

  • 5.5 Store Raid Protocol

    • 5.5.1 PD must have significant evidence to prove with reasonable suspicion that the store in question is being used for illegal activities.

    • 5.5.2 PD will remove all illegal items from the store to prevent public distribution.

    • 5.5.3 PD must issue an arrest warrant for the confirmed owner of the store in question.

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