Amendment (3.7 Right to Search)

[exrobite]

Is this a new law or a change to a current law: Change



What law do you wish to change/add: Law enforcement officers may search a vehicle and/or storage container belonging to a detained person if it is believed that the vehicle contains evidence which is believed to be related to a crime that the Law enforcement officer has reasonable belief has been committed inside the vehicle and or a crime in which the vehicle has been used, a Law enforcement officer may also search any person who is detained for anything that the detained person is believed to be in possession of relating to the investigation for which they are detained, Law enforcement officers may also search any arrested person in their custody for any evidence of a criminal offence.

Changed to:

Law enforcement officers may search a vehicle and/or storage container belonging to a detained person if it is believed that the vehicle contains evidence which is believed to be related to a crime that the Law enforcement officer has reasonable belief has been committed inside the vehicle and or a crime in which the vehicle has been used, a Law enforcement officer may also search any person who is detained for anything that the detained person is believed to be in possession of relating to the investigation for which they are detained.



Why should this change/addition be made:

Under the definition of 3.1 - Right to Arrest and the definition of arrest outlined in the terminology section, you can be searched by an officer for committing, or being suspected of committing, any crime. This infringes the right to privacy of every citizen of paralake. Citizens should only be searched if the officer holds a reasonable belief that it would be beneficial to an ongoing investigation.

​

What is the aim of this change/addition:

Safeguarding the privacy and personal security of the citizens of Paralake.



Additional Information:

 

[Caveric Jonson]

I mean if you’re arrested you get searched. It doesn’t make any sense to have a person be in a jail cell with a firearm on them or any kind of knife or drugs for that matter. In real life if you’re arrested you get searched. Can’t have anyone smuggle stuff into jail. If you don’t want to lose shit don’t have illegal stuff on you and risk getting arrested and have that illegal stuff discovered

 

[exrobite]

I mean if you’re arrested you get searched. It doesn’t make any sense to have a person be in a jail cell with a firearm on them or any kind of knife or drugs for that matter. In real life if you’re arrested you get searched. Can’t have anyone smuggle stuff into jail

You are working from a definition of arrest that is different from that defined in the penal code.

 

[Joey Skylynx]

so... if I pull someone over for say reckless driving, I can not search them to see if they have beer on hand which could add context to the incident.
this just sounds like it would be an absolute clusterfuck and boon for flankers/counter raiders who would exploit it for IAs.

 

[exrobite]

so... if I pull someone over for say reckless driving, I can not search them to see if they have beer on hand which could add context to the incident.
this just sounds like it would be an absolute clusterfuck and boon for flankers/counter raiders who would exploit it for IAs.

If you have a reasonable belief that citizen is under the influence, you can search them, or administer a breathalyzer test using /me commands.

 

[Titan Parker]

I mean if you’re arrested you get searched. It doesn’t make any sense to have a person be in a jail cell with a firearm on them or any kind of knife or drugs for that matter. In real life if you’re arrested you get searched. Can’t have anyone smuggle stuff into jail. If you don’t want to lose shit don’t have illegal stuff on you and risk getting arrested and have that illegal stuff discovered

Detained vs Arrest are different though

If it’s just a temporary detainment for an investigation I agree with the post. However if someone has drugs or guns on them it would be silly to not search them if they’re being booked into jail.

 

[DemonZ]

If you have a reasonable belief that citizen is under the influence, you can search them, or administer a breathalyzer test using /me commands.

then we can also search people looking over a shootout due to us having reasonable belief they could be involved / possibly flanking? i mean

 

[exrobite]

Detained vs Arrest are different though

If it’s just a temporary detainment for an investigation I agree with the post. However if someone has drugs or guns on them it would be silly to not search them if they’re being booked into jail.

Not as defined in the paralake penal code!!!!!!

 

[DemonZ]

I mean if you’re arrested you get searched. It doesn’t make any sense to have a person be in a jail cell with a firearm on them or any kind of knife or drugs for that matter. In real life if you’re arrested you get searched. Can’t have anyone smuggle stuff into jail. If you don’t want to lose shit don’t have illegal stuff on you and risk getting arrested and have that illegal stuff discovered

i always search people if i arrest them, even if its for a minor trespass crime - why:
he trespasses, he could be a terrorist that wanted to plant a bomb inside a building
theres many reasons why we should be able to search anyone who goes to prison freely tbf

 

[exrobite]

I want to make it VERY clear that the definition of arrest is NOT "putting a citizen into jail" it is "detaining somebody to investigate a suspected crime"

 

[Joey Skylynx]

Which would be even worse because we sometimes detain people who rush out of buildings that are getting raided... Mostly for sanity.

 

[exrobite]

Which would be even worse because we sometimes detain people who rush out of buildings that are getting raided... Mostly for sanity.

I just really feel like you're not getting the point of this and i'm sitting here tweaking the fuck out about it

 

[Avid Feminist]

Me PD main.
Me angry I have to use brain.

 

[Joey Skylynx]

I'm really not.
Explain like I'm five. If I have someone that is speeding, would I be allowed to search them?

 

[exrobite]

I'm really not.
Explain like I'm five. If I have someone that is speeding, would I be allowed to search them?

Under current law: yes

Under proposed law: no

 

[Clarky]

Under current law: yes

Under proposed law: no

what does that mean exrobite

 

[exrobite]

what does that mean exrobite

Don't talk to me right now kitten I'm coping and seething on the perpheads forums

 

[Joey Skylynx]

Under current law: yes

Under proposed law: no

okay, so why?
what exactly would be gained from this

 

[exrobite]

okay, so why?
what exactly would be gained from this

People couldn't detain you for a crime unrelated to the illegal firearm you're carrying then automatically have the right to search and confiscate it

 

[Joey Skylynx]

But... that's 7.3/7.5/7.6
You wouldn't get busted for it if the firearm was in your trunk.

Maybe I'm a little lost here, but that is a law.