NDRP Laws and Ordinances [OLD]

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3	THIS DOCUMENT HAS BEEN SUPERCEDED BY THE NEW CODE OF LAW. PLEASE CLICK HERE TO ACCESS THE NEW DOCUMENT.
4			Preamble;
5			Article I
6	Reference		Section I - General Laws
7	1	Safes and Lockboxes	Safes found on public property shall be disposed. Safes found on private property shall be owned by the owner of said property, otherwise the owner may request to have it removed. Safes which are located on legally owned property may not be searched without a search warrant signed by a judge describing the place to be searched, and the items being searched for described. Illegal items found during a search that are not the focus of the warrant shall be considered 'plain view' doctrine and are confiscatable and chargeable.
8	2	Driver's Licenses	A Driver's License shall be issued to someone who is of 18 years of age and has passed a Driver's Training Course with a certified instructor and pays the requisite fee to the State. 15 Maximum Points Allowed Points are assigned per instance, not per charge (stacking), is officer's discretion, and must be vehicle traffic related. Traffic Citations = 1 point Misdemeanors = up to 3 points Felony = up to 5 points If a Driver's License revoked or suspended, it may be reinstated after 7 days upon a due process hearing with a judge's approval and may include an order for driver's training.
9	3	Firearm Licenses	An individual who is over the age of 18 and has no prior record may obtain a Firearms License to allow lawful carry of a legal firearm. Firearms licenses may be issued by a judge, or alternatively if no judges are available a Law Enforcement Officer who is Supervisor rank or above. Two firearm infractions within 14 days will be grounds for removal. Violent felony shall be grounds for revocation or suspension of said license. A firearm license may be reinstated after at least 7 days upon a due process hearing with a judge's approval or 14 days of no firearm infractions by a LEO Supervisor or above.
10	4	Open Carry	Open Carry of a Firearm is allowed in all public places in San Andreas, so long as the person is legally allowed to carry a weapon.
11	5	Medical Protection Modifier	Any crime that takes place in or around a medical center, will result in an automatic doubling of punishment time and fine, at Officer or Victim(s) discretion. In order for this law to be applied: - The crime(s) have been committed under the following conditions; - The crime(s) have been committed within the confines of a medical center; OR - The crime(s) have been committed within 50 feet of the aforementioned medical centers - The victims of the crimes were either medical employees, patients or visitors of the medical center where said crimes happened A visitor is a person that has a purpose to be on the grounds of a medical center
12	6	Repeat Offender Modifier	A repeat offender shall be defined as an accused person who has been convicted of four felonies during the past seven (7) days. If the accused person has been convicted of four felonies in separate incidents during the past seven (7) days, law enforcement may at their discretion deem the accused as a repeat offender. Law enforcement must inform the accused that they're being deemed as a repeat offender and must place a note on their mobile data terminal profile with the expiration date which shall be seven (7) days from the commencement date of the classification. If after the review of the accused person's criminal history, law enforcement deems the accused as a repeat offender, the accused shall be subject to double the time and fine. This modifier to the accused person's sentencing shall remain until the expiration date of the repeat offender classification. Upon law enforcement deeming someone as a repeat offender, the accused may at their discretion have the opportunity to file a formal appeal and have the opportunity to be heard before the Court. Should the accused file a formal appeal, the burden shall rest on the accused to prove by the preponderance of the evidence. The Court may having heard all the evidence, uphold the ruling of the law enforcement agency or strike down the classification of being a repeat offender. The Court may give reasonable equitable relief to the accused person if they've been subject to wrongful modification to sentencing.
13			Section II - Laws Relating to Due Process
14	1	Wanted For Questioning	When an individual is suspected of committing a crime, but does not reach 'reasonable suspicion' standards, or an individual is a witness to a crime. The individual shall not be 'detained' against their will or forced to answer self incriminating questions, but may voluntarily admit and cooperate.
15	2	Reasonable Suspicion	A set of circumstances, which individually may seem innocent enough, that when put together leads a reasonable law enforcement officer to believe a person is or has committed a crime. Justifies detainment.
16	3	Detainment	Law enforcement Officers do not need justification to stop someone in a public area and ask questions, the individuals who are stopped are entitled to refuse to answer questions and go about their business. However, if someone is detained on the basis of reasonable suspicion where a law enforcement officers reasonably believes the person has been in or is about to be engaged in criminal activity they may detain said person and question them for a up to thirty minutes. A person does not necessarily need to be placed in handcuffs in order to be considered detained.
17	4	Miranda Rights	Failure to read an arrested suspect their Miranda Rights does not mean that the suspect is to be automatically released. It simply means that anything that they said prior to being read their rights (such as an admission of guilty) cannot be used against them. It's a constitutional safeguard to protect suspects from self-incriminating statements. Other evidence is still valid.
18	5	Terry Frisks	An individual who has been legally detained may be patted down on the outside of the clothing in search for weapons, or 'Terry Frisked' for the Officer's safety. Weapons or dangerous objects shall be removed if discovered, and returned if no probable cause for a crime is found.
19	6	Identification	An individual is legally required to identify if being detained on reasonable suspicion that they have committed, are committing, or are about to commit an offence. In a traffic stop on legal and Government roadways, the driver is legally required to provide a license or identification regardless if an offence is committed or not. Passengers are exempt from requiring to identify unless reasonably suspected of committing an offense or crime. Identifying an unknown suspect must be more than just recognition of voice, and must have supporting factors to ascertain without a shadow of doubt that the individual is who the Officer suspects they are.
20	7	Probable Cause (justifies arrest/search)	Probable cause is a reasonable belief, based on facts which can be articulated, that a particular person has probably committed a crime, especially to justify making a search or pressing charges. Police do not need probable cause to search or seize contraband which is in plain sight, in emergency situations which threaten public safety or the loss of evidence, or when the person gives consent to be searched. Evidence acquired through arrests and/or searches not made with probable cause are inadmissible in a court of law. Probable cause must be established before the arrest or search and evidence gathered from such arrests/searches does not justify the arrest/search and civil action may be taken against officers that do not respect the rights of the alleged.
21	8	Arrested (formally being charged)	Taking a suspect into custody and formally presenting charges against them is referred to as an arrest. When someone is placed under arrest several of their rights are lost, however their rights which are covered in the Miranda Rights shall not be infringed. An arrested suspect is subject to full search, firearms and/or weapons and escape tools, such as lockpicks, shall be removed. Using force of this magnitude requires justification and as such there are three reasons a person can be arrested: (i) A warrant is issued for their arrest. (ii) An officer has probable cause to arrest them. (iii) A law enforcement officer witnesses them commit a crime (which is still considered probable cause)
22	9	Searches	Probable Cause and arrest shall grant the Law Enforcement the right to a full search of a Person and immediate property, such as vehicles (Reference Wyoming v. Houghton) Searches of Real Private Property, such as housing, bank accounts, articles, digital property or anything that would fall under the requirement that a Search Warrant be signed by a judge. If exigent circumstances are not present, a Warrant must be obtained to search said property. Vehicles are not covered under privacy law and may be searched with probable cause (Wyoming V. Houghton)
23	10	Prosecutorial Discretion	The instance where the "State" (LEO / Prosecution) decide what charges to bring and how to pursue each case and to what degree. A case which reaches probable cause of breaking the law must be pursued in the appropriate spirit of justice in good faith or else may be considered corruption.
24	11	Right to Representation	A law enforcement officer must attempt, in good faith, to contact a bar certified lawyer if one is requested regardless if a person is arrested or not. Defendants may self represent if they so choose. Officers should not in any way inhibit representation, nor be suggestive that a suspect doesn't need representation. One should never be given more time simply for requesting representation, or less time for not requesting it.
25	12	Plea Bargaining and Agreements	Criminal - A voluntary agreement in a Criminal case between the prosecutor or LEO and defendant (with or w/o a lawyer) whereby the defendant agrees to plead guilty to certain charges in return for some possible concession from the prosecutor/LEO. In a plea bargain; charges may be dropped, reduced to lesser charges, and/or punishment may be reduced and is considered 'prosecutorial discretion'. A voluntary Guilty Plea may not be appealed, however the sentence may be appealed as long as the Guilty Plea have not given up that right in any plea deal with the prosecution. Civil - Plea Agreements between two or more parties in dispute that is not criminal in nature, which may or may not be accepted by the judge presiding.
26	13	Processing Ultimatums	If an individual is not willing to accept a plea deal after multiple attempts or is unable to go out via bond due to not being able to pay it themselves or by a third party or other circumstance and is combative and hostile, they are to be sentenced within appropriate guidelines with a No Contest plea. The individual retains the right to appeal said conviction within the Appellate Court.
27	14	Guilty and No Contest Pleas	A 'Guilty Plea' is just that, and cannot be appealed. A 'No Contest' plea is not an admission of guilt, however accepts the charges of a plea agreement and may be appealed via the Courts and, if overturned, the fines are returned and the corresponding record expunged.
28	15	Bail	Bail may be issued by a Judge in accordance to the amount of the maximum accrued fine, OR is at the discretion of a judge, which shall be returned at appearance at Court or dismissal of case, or forfeit bail for non appearance.
29	16	Bond	Bonds may be issued by a Judge at 10% of the fine, plus a lien on property equal or higher value; IE a personally owned vehicle, which shall be returned at appearance at Court or dismissal of case, or forfeit of bond and liened property for non appearance.
30	17	Maximum Punishment	The extreme high limit of time a defendant can spend in jail for a crime. The time may be reduced at the Judge's, Prosecutor's or the Arresting Officer's discretion as applicable. Any sentence over 1000 minutes must be approved by a Judge or Justice.
31	18	Probation	Probation is when an individual who is convicted is on a prescribed punishment in lieu of jail / prison sentence. Breach of Probation may exceed the maximum prison cap when combined with new charges. IE: A judge orders 1 week crime free in lieu of maximum jail time, else charges of 'Probation Violation' and what would have been served are applied on top of any new charges accrued, The new charges constitute a separate punishment, therefore may be stacked on the Probation considerations
32	19	Parole	Unlike Probation, Parole may be issued in subsequence to a jail / prison sentence, or if someone is actively serving a long sentence and appeals for parole considerations. Breach of Parole may exceed the maximum prison cap when combined with new charges. IE: A judge orders Max Capped time of ___ months and the individual is on Parole for 14 days thereafter, else charges of 'Parole Violation' and what would have been served are applied on top of any new charges accrued, The new charges constitute a seperate punishment, therefore may be stacked on the Parole considerations
33	20	Appeals	All judgements at a trial have a right to be appealed in the Court of Appeals (Appellate Court). If an appeal is successful, an Appellant may have a charge or charges expunged from their criminal record. Expungements may also be awarded to individuals who have shown a proven pattern of reform and are granted on a case by case basis. A voluntary Guilty Plea may not be appealed, however the sentence may be appealed as long as the Guilty Plea have not given up that right in any plea deal with the prosecution
34			Article II - Definitions
35	Reference		Definition/Clarification
36	1	Self Defense	For a justification for the use of self-defense to be considered legal, it must meet these three criteria: 1. An individual (the defender) must be subjected to an attack (as defined under Section 4) 2. The defender must not have directly provoked the aforementioned attack by engaging in an attack themselves 3. A defender is privileged to use such force as reasonably appears necessary to prevent imminent, unlawful physical arm.
37	2	Lawful Order	Law enforcement may direct civilian actions within the confines of a situation where they have asserted control as long as they do not violate the civil right of the subject. Civilians who willfully resist, or delay compliance to are in violation.
38	3	Double Jeopardy	A person cannot be criminally tried twice for the same offense. An individual may still be prosecuted for more than one offense stemming from a single course of conduct, but only when each offense requires proof of a fact that the other offenses do not require. The Prosecution has the burden of demonstrating that within a pair or group of offenses, each has at least one mutually exclusive element, as they are delineated by statue.
39	4	Speed Limits	City Roads shall be limited to a Maximum Allowed Speed of 45 MPH. Non-City roads shall be limited to 60 MPH. Freeways shall be limited to a Maximum Allowed Speed of 90 mph.
40	5	What constitutes a "crime"	A crime is any action or omission that constitutes a Misdemeanor or Felony found in the Criminal Code. An infraction/ticket is not classified as a crime.
41	6	Masks and Concealing identity	Any civilians wearing masks or concealing their identity in a public area within city limits is reasonable suspicion for a limited search (frisk/pat down).
42	7	Arresting Officer	The officer who; witnessed the events, had the probable cause and effected the arrest. If no prosecutor is available, the arresting officer may be the one who presents the charges against the accused. (The arresting officer may transfer custody to their patrol partner during an emergency, if he was present during the arrest.)
43	8	Schedule Curfew (Server Restarts)	Scheduled Curfew doesn't exonerate or reset any active scenario between government officials and citizens who have been placed under arrest. They are to return to the Sheriff's Office or Department of Corrections when possible, or contacted if impossible
44	9	Statute of Limitations	The Statute of Limitations is thirty days from the last crime being charged in order to obtain a warrant. A warrant may be approved by a Judge or Justice in order for it to be valid and lasts an indefinite amount of time once it is approved.
45	10	Forfeiture of Assets	An available punishment enacted by a judge resulting in the loss of homes, vehicles and bank accounts.
46	11	Drug Paraphernalia	Seeds of the Cannabis, Opium, or a combination of ingredients used in the creation of Methamphetamine
47	12	Class 1 Drug	It is legal to be in possession of up to 5 standard units of any form of marijuana bud (the product of the marijuana plant; possession of the entire marijuana plant is not included). A standard marijuana joint should be considered 1 gram of marijuana, and a standard unit is 5 grams of marijuana.
48	13	Class 2 Drug	Opium flowers, heroin, coca plant, cocaine, Methamphetamine, LSD or prescription drugs without a prescription
49	14	Class 1 Firearm	Any semi automatic pistol, revolver, or semi-automatic rifle or shotgun
50	15	Class 2 Firearm	Any automatic firearm or illegally modified firearms , such as sawn off shotguns
51	16	Deadly Weapon	Any tool, device, or object that is otherwise legal to obtain and own that is used in the commission of a Crime
52	17	Protected Speech	A person's words alone will rarely, if ever, rise to the level of Disobeying a Lawful Order of Police. Rather the words must be usually be accompanied by obstructive physical conduct to support a conviction of Disobeying a Lawful Order of Police.
53	18	Impound / Inventory of Vehicles	Any vehicle that is materially or criminally involved in a crime or police incident that meets the criteria of being impounded per the criminal code shall first be inventoried. All of the contents of the vehicle shall be logged with a photo. This will protect the department from accusations of theft. Any legal cargo lost as the result of the lawful arrest, seizure, or impounding of the vehicle, shall be lost, and not reimbursed by the department. If a vehicle is impounded without cause, or found later that an impound was not warranted, the owner shall be reimbursed for the legal cargo that was logged. Any contraband discovered will be seized and the items to be charged at the officer's discretion.
54	19	Exigent Circumstance	An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. These circumstances should be seen as only viable in extraordinary situations and not to be used in everyday investigations. If a Judge or Justice is available this cannot be used to circumnavigate the warrant application process. Abuse of this will not be tolerated.
55	20	Intelligence Leaks	Leaking of sensitive information (frequencies, warrants, operation intel) that obstructs justice. Those who report intelligence leaks may be entitled to receive a reward based upon the information provided.
56	21	Yielding to Emergency Vehicles	Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency with audible or visible signals, the driver of every other vehicle on the roadway regardless of direction of travel, shall yield the right-of-way to the emergency vehicle. They must move as far to the right hand side of the road as possible, clear of any intersections until that emergency vehicle has passed.
57	22	Eavesdropping and Electronic Recording	A person has reasonable expectation of privacy, and any person whom willfully overhears, or procure any other person to overhear, or attempt to overhear any spoken words between a person who is in the physical custody of a law - enforcement agency or other public agency and such person’s attorney, by using any recording device, or by any similar or other mechanical or electrical device or arrangement, without the consent or knowledge of all persons engaging in the conversation. San Andreas is a two party consent state when it comes to private audio recordings.
58	23	Fleeing Felon	A law enforcement officer making an arrest, is justified in the use of any force when the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others or when the officer reasonably believes that the fleeing felon has committed a crime involving the infliction of serious harm to another person. If the felon is currently incarcerated in a correctional facility and they pose a threat of death or serious physical harm to the officer or others or if the felon attempts to escape custody any use of force, including deadly force, may be utilized to neutralize the situation. (Tennessee v. Garner)
59	24	Convicted Felon	A person will be determined to be a convicted felon if they have been convicted of a felony in the past 14 days
60	25	Incidents, Instances and Stacking Charges	Each overall crime related incident is punishable by the highest charge applicable, and each action may be subject to further charges. IE: Bank Robbery, turns into a police chase, turns into a shootout, each instance of appropriate degree of charge is applicable. In cases of subsequent charges (stacking) there must be enough time between alleged crimes to be sufficient to charge the same charge. IE: An individual is evading arrest, and enough time has passed that the Law Enforcement Officers have broken off the chase. The individual is then attempted to be brought into custody at a later time yet evades arrest once more, that is two seperate instances
61	26	Government Official	Government Officials include State Government Members, such as the Governor and Representatives, and Law Enforcement Officers, Judiciary , or Doctors and BAR Certified attorney acting under the Authority of the Government.
62	27	Hunting Areas	Hunting Grounds are designated within the "Hunting Grounds" section of the Laws and Ordinances
63	28	Age of Majority	The age of majority is 18 years of age for a firearms license, gambling, marriage, voting, alcohol, tobacco, and marijuana consumption.
64	29	Medical Center	A medical center is a health facility where, healthcare is provided to the citizens of San Andreas by medical professionals
65	30	Repeat Offender	A classification assigned by the courts to citizens convicted of continual crimes
66	31	Classification Hearing	An urgent hearing called when the Judiciary has received a request from law enforcement officials to designate someone a repeat offender.
67	32	Repeat Offenses	A series of crimes committed in the span of two days. For the purposes of the Repeat Offender act, these crimes must: 1. Be exceedingly dangerous and/or violent, i.e. multiple counts of attempted murder 2. Be disruptive to the course of regular society by either disrupting emergency services or making public areas uninhabitable due to risk to civilians
68	33	Castle Doctrine	A person has a reasonable expectation of privacy, safety, and security within a home or temporary residence which they rent, own, or otherwise legally occupy. - A resident within their private residence can consider an intruder to be engaging in an attack and may lawfully defend themselves accordingly. - A resident within their private residence always has the right to use lethal force to defend themselves, other residents, or legal guests within their private residence against any intruder. - A resident may operate with the reasonable assumption that an intruder means lethal harm and they may respond accordingly. - A person who is forcibly and illegally brought inside a private residence against their will, such as by way of kidnapping, cannot be considered an intruder. - A resident may not use Castle Doctrine to justify the use of lethal force against another resident of the same private residence. - A guest or other non-resident who was previously legally permitted to be within a private residence, such as by invitation of the resident, cannot be considered an intruder, unless: 1. The non-resident engages in an attack; or 2. the non-resident refuses to leave when requested and given the reasonable opportunity to do so.
69	34	Defense of Others	Normally, self-defense law is specific to an individual defending their own person from attack. If an individual witnesses an attack on another person, they may legally intercede and defend another person only in a circumstance where they reasonably believe that the person they are attempting to defend did not themselves provoke the attack and would themselves be legally entitled to self-defense. Defending another person must still meet the criteria for self-defense, and attempting to intercede to defend another person must meet the proportionality requirement.
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