AR on Luke Person

[Niko]

Your Steam/In-game Name: Boku no Niko / Dontrall Caldwell
His/Her Steam/In-game Name: Luke / Luke Person
His/Her SteamID: STEAM_0:1:7218412
Why Should This Player Be Punished:
The user, as a police sergeant, ordered me (the mayor) to move away from a crime scene (which was not yet restricted area by the lieutenant, nor was the lieutenant informed as far as I know). When barricades were put up on the scene, I moved behind the barricades, meaning I was now outside of the restricted area, and therefore not trespassing on a crime scene - which the barricades indicated.
Yet, Sgt Luke Person still decides to arrest me for trespassing on a crime scene, whilst I am standing behind the barricades. He also informs me that I am being arrested for failure to cooperate with law enforcement (law 8.8), but I do not believe he used the law correctly. As law 8.8 says:

8.8 Cooperation with Law-Enforcement Personnel

If asked to stop by law-enforcement personnel, a member of the public is expected to immediately cease their current activity and speak with the Police Officer(s); any attempt to evade law-enforcement personnel when asked to stop is a criminal offence.
If arrested by law-enforcement personnel, a member of the public is expected to provide their full cooperation with Police Officer(s); any attempt to avoid compliance and/or delay the process is a criminal offence.

However, as I was not under arrest, only the first paragraph of the law is applied. I was not ordered to stop, but to leave the active crime scene, which was indicated by the barricades. As I was standing behind the barricades, and also talking with Luke at the time, not attempting to avoid him, I could not be breaking that part of law 8.8
If I was under arrest, as stated in the second part of law 8.8, I would've followed his orders. However, as Luke does not say I am under arrest before putting me in handcuffs, this paragraph is not applied

While he is doing this, I proceed to type my report (which was a bit long). In response to this, Luke gets out of his vehicle, orders me on the ground, attempts to hit me with his nightstick repeatedly, and then aim his firearm at me. Whilst I am still typing, he then uses his honorary rank to force me into the vehicle with his physgun.
When we get to the PD, Luke switches places with the currently Lieutenant, Boyle, and proceeds to tell me that they're not pressing charges. When I then inform Luke that I would like to press charges against him for unlawful detainment (detained me whilst I was standing behind the barricades, not trespassing), he proceeds to arrest me for "providing false information". Luke Person, being the officer at the scene, already knows this is not false information, and as it is a witness statement from a government official, it is sufficient as evidence.
Luke continues to take me downstairs to the jail cell, where he proceeds to inform me that he is once again pressing charges for trespassing on a crime scene, despite his previous statement of charges not being pressed. He then informs me that the charges are small, but since he doesn't like me, and wants to set an example, he will put me in jail rather than give me a ticket.
Evidence (Demo Required): Demo

Tick: 16000 - 28400

 

[MattIs]

Hello,

Thank you for your report Niko, I will respond to it once the video is uploaded. Thanks also for the video; makes my life a hell of a lot easier.

Once I come with a verdict, my response will be posted here.

Thanks.

 

[joey]

If you fail to leave the area when told to, then you are failing to cooperate with a LEO, if you loiter on the edge of a crime scene, after being told to leave the area, expect to be detained or even arrested for doing so, you could be seen as someone trying to distract an officer. Yet, I see Luke's use of his firearm as breaking law 11.11 - he inappropriately used it and this is, of course, breaking rule 4.1 (follow the law). Also, the demo wasn't working properly for me, but I got the basic idea of the situation, yet could not see the chat; could you tell me if he was doing any /me acts to role-play forcing you in the car, or did he immediately use his honorary physics gun? If he did, I believe that it could be perceived as inappropriate use. Overall, I believe the original detainment was within the laws and rules, yet believe that his following actions, including arresting you for 8.3 (provision of false information), were uncalled for and could be seen as breaking 4.1. If you believe, truthfully, that he would not have done this if it were another person, you could try push for 2.5 (excessive negativity) as he could well have been acting disproportionately to your actions, yet, the law does state that it is up to a LEO's discretion when sentencing or ticketing a criminal.

--EDIT--

After Niko confirming that he did not use a /me I believe that he inappropriately used is honorary physics gun.
Also I would like to say, I do actually +SUPPORT as I believe Luke's actions were fairly uncalled for.

 

[Deleted member 1235]

If you fail to leave the area when told to, then you are failing to cooperate with a LEO, if you loiter on the edge of a crime scene, after being told to leave the area, expect to be detained or even arrested for doing so, you could be seen as someone trying to distract an officer. Yet, I see Luke's use of his firearm as breaking law 11.11 - he inappropriately used it and this is, of course, breaking rule 4.1 (follow the law). Also, the demo wasn't working properly for me, but I got the basic idea of the situation, yet could not see the chat; could you tell me if he was doing any /me acts to role-play forcing you in the car, or did he immediately use his honorary physics gun? If he did, I believe that it could be perceived as inappropriate use. Overall, I believe the original detainment was within the laws and rules, yet believe that his following actions, including arresting you for 8.3 (provision of false information), were uncalled for and could be seen as breaking 4.1. If you believe, truthfully, that he would not have done this if it were another person, you could try push for 2.5 (excessive negativity) as he could well have been acting disproportionately to your actions, yet, the law does state that it is up to a LEO's discretion when sentencing or ticketing a criminal.

The law for loitering is the following: Remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behaviour is to enable a criminal organisation to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. In what world could it possibly be justifiable for Luke to think that by standing behind a barrier he is establishing control or concealing illegal activities. As Luke is someone who likes to regularly remind the whole community that he wrote the rules and laws, then you should know that what Niko did does not fall into the law definition of loitering, and it states quite clearly these laws are NOT open to interpretation, thus meaning Niko did not violate the loitering law

(As for actual ar)
As is evident in the video, the door is closed and Niko is cuffed from behind. Lukes inability to perfrom a /me is not Nikos fault. He also posed no active threat to Luke meaning this was not needed after swinging 5 times

He is evidently unarmed and cuffed as well as surrounded by police, and SWAT, meaning Luke in no way can justify that his life felt threatened to the extent that he had to withdraw his firearm. What was the threat here? Luke could have easily asked another officer to help him.

This here is a clear violation of law 11.11 thus violation rule 4.1

Overall a +Support

 

[John Daymon]

Luke's honorary has been removed after this incident.

 

[MattIs]

The player will be rebanned permanently from the server - also.
He has just came back and is already abusing and breaking rules. This has happened before and he hasn't learnt his lesson. He is a famous member of perpheads but that does not give him the right to do any of this. He will therefore be treated as a normal player and if he wishes to be unbanned; will have to make an apology/dispute or come and speak to me and @Niko in person.​