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Title 10 — Law Enforcement Authority
Title 10 — LAW ENFORCEMENT AUTHORITY
Chapter 1: General Authority and Duties
Section 1001 Peace Officer Authority#
- (a) A peace officer may enforce the laws of the State of San Andreas within the territorial jurisdiction of the State and as specifically authorized by statute or lawful judicial order.
- (b) A peace officer may take actions necessary to:
- (1) respond to a reported or observed emergency involving imminent risk of harm;
- (2) conduct a consensual encounter under Section 1020;
- (3) conduct a temporary detention under Section 1021;
- (4) make an arrest under Section 1023;
- (5) execute a warrant or other lawful process under Chapter 5; or
- (6) secure a scene to preserve evidence or prevent harm while promptly seeking lawful process when required.
- (c) Any exercise of authority under this Title shall be based on specific, articulable facts and shall be limited in scope and duration to the lawful purpose being pursued.
- (d) When an officer secures persons or property pending lawful process, the officer shall, when reasonably practicable, document the basis for the action and the process sought.
Section 1002 Duty to Identify and State Purpose#
- (a) When reasonably practicable, a peace officer initiating an enforcement contact shall identify themself as law enforcement and state the lawful purpose of the contact.
- (b) Failure to comply with subsection (a) shall not, by itself, invalidate an otherwise lawful arrest, detention, or search when compliance was not reasonably practicable under the circumstances.
- (c) When compliance with subsection (a) was reasonably practicable but did not occur, a court may consider the noncompliance as a factor in determining the voluntariness of consent, the reasonableness of the encounter, and appropriate remedies, including suppression where authorized by law, sentence mitigation, and administrative referral.
Section 1003 Interagency Cooperation#
- (a) A peace officer may request assistance from, and provide assistance to, other law enforcement agencies and emergency services when necessary to protect life, prevent crime, or execute lawful process.
- (b) For joint operations reasonably expected to involve arrests, searches, or planned warrant service, participating agencies shall, when reasonably practicable, designate:
- (1) an incident commander; and
- (2) a primary case agency responsible for reports and evidence coordination.
- (c) Nothing in this section expands search, seizure, detention, or arrest authority beyond what is otherwise authorized by law.
Chapter 2: Consensual Encounters, Detention, and Arrest
Section 1020 Consensual Encounters#
- (a) A peace officer may approach any person in a public place and request information, identification, or cooperation, provided the person is free to decline and leave.
- (b) A person’s refusal to cooperate in a consensual encounter shall not, by itself, justify detention or arrest.
- (c) In determining whether an encounter was consensual, a court may consider the totality of circumstances, including whether the officer used commands, blocked movement, retained identification, displayed weapons, used emergency lights or sirens, or otherwise conveyed that compliance was required.
Section 1021 Temporary Detention#
- (a) A peace officer may temporarily detain a person when the officer can articulate specific facts indicating the person is involved in criminal activity or poses an immediate threat to public safety.
- (b) A temporary detention shall be limited in scope and duration to what is reasonably necessary to confirm or dispel the officer’s suspicion and to address immediate safety concerns.
- (c) During a temporary detention, a peace officer may take reasonable steps to maintain safety and the status quo, including separating persons, controlling movement, and requesting identification, provided such steps do not exceed what is reasonably necessary for the lawful purpose of the detention.
- (d) Upon request by the detained person, the officer shall, within a reasonable time and when reasonably practicable, state the basis for the detention in plain terms.
- (e) Absent exigent circumstances, a court may consider an officer’s failure to comply with subsection (d) as a factor supporting suppression or other appropriate relief where authorized by law.
Section 1022 Protective Frisk During Detention#
- (a) During a lawful temporary detention, a peace officer may conduct a limited pat-down of outer clothing when the officer can articulate specific facts indicating the person may be armed and presently dangerous.
- (b) The frisk shall be limited to what is reasonably necessary to locate weapons and ensure safety.
Section 1023 Arrest Authority#
- (a) A peace officer may arrest a person when the officer has probable cause to believe the person committed an offense.
- (b) A peace officer may use reasonable measures to effect an arrest, prevent escape, and protect the officer and others.
- (c) A peace officer may arrest pursuant to a warrant or other lawful process.
Section 1024 Citation and Release Authority#
- (a) When authorized by law for the charged offense, a peace officer shall issue a citation in lieu of custodial arrest unless custodial arrest is reasonably necessary under subsection (b).
- (b) A peace officer may decline citation and proceed with custodial arrest only when reasonably necessary to:
- (1) verify identity after reasonable efforts to do so by less intrusive means;
- (2) prevent imminent harm;
- (3) prevent flight based on specific, articulable facts;
- (4) preserve evidence where there is a specific, articulable risk of imminent loss or destruction; or
- (5) address repeated noncompliance with lawful orders during the same incident that materially interferes with lawful duties.
- (c) The officer shall, when reasonably practicable, document the reason custodial arrest was selected over citation.
- (d) If a court finds a custodial arrest under this section was unnecessary or pretextual, the court may award appropriate relief as authorized by law, including suppression where authorized, sentence mitigation, and credit or compensation where authorized elsewhere.
Section 1025 Booking and Sentence Administration#
- (a) Booking shall be conducted in accordance with State procedure, including identification, charging documentation, and advisement of rights as required by law.
- (b) No fine, imprisonment, or other punitive sentence shall be imposed or administered at booking without a lawful adjudication or lawful summary disposition authorized by statute.
- (c) If a defendant affirmatively requests counsel or trial at booking or within a reasonable time thereafter, any summary disposition process shall be stayed pending arraignment and judicial review, except for administrative processing necessary for release or transfer.
- (d) Nothing in this Title limits appellate remedies for wrongful arrest or unlawful process.
Chapter 3: Use of Force Standards
Section 1040 General Use of Force Standard#
- (a) A peace officer may use only the level of force that is objectively reasonable under the totality of the circumstances to accomplish a lawful purpose, including protection of life, effecting a lawful arrest, preventing escape, or preventing serious crime.
- (b) In determining objective reasonableness, relevant considerations include the immediacy of the threat, the severity of the suspected offense, active resistance, attempts to flee, and the feasibility of de-escalation.
- (c) When reasonably practicable, a peace officer shall use de-escalation and warnings before using force.
- (d) In any related criminal, suppression, or disciplinary proceeding, a court may consider de-escalation feasibility and warnings as mitigating or aggravating factors where relevant and authorized by law.
Section 1041 Deadly Force#
- (a) A peace officer may use deadly force only when the officer reasonably believes it is necessary to prevent imminent death or serious bodily injury to the officer or another person.
- (b) When reasonably practicable, a peace officer shall give a clear warning before using deadly force.
Section 1042 Medical Aid and Duty of Care#
- (a) After force is used, a peace officer shall request medical assistance when a person appears injured or requests medical aid, as soon as reasonably practicable.
- (b) A peace officer may take reasonable steps to secure the scene and ensure safety while awaiting medical assistance.
Section 1043 Reporting and Review#
- (a) A peace officer shall document uses of force in accordance with agency policy and State requirements.
- (b) Agencies shall maintain procedures for supervisory review of reportable uses of force.
Chapter 4: Searches, Warrants, and Exceptions
Section 1060 Warrant Requirement and Judicial Process#
- (a) Searches and seizures shall be conducted pursuant to lawful authority, including warrants issued by a competent judicial officer upon sufficient cause as required by law.
- (b) A warrant shall describe with reasonable particularity the place to be searched and the items or persons to be seized.
Section 1061 Search Incident to Arrest#
- (a) Following a lawful custodial arrest, a peace officer may search the arrestee and the area within the arrestee’s immediate control for weapons, means of escape, and evidence reasonably related to the arrest.
Section 1062 Vehicle Searches#
- (a) A peace officer may search a vehicle when probable cause exists, based on specific, articulable facts, to believe the vehicle contains evidence of a crime or contraband, and the facts establish a nexus between the vehicle and the items sought.
- (b) A peace officer may conduct a limited protective sweep of areas of a vehicle where a weapon could be placed or accessed when the officer can articulate specific facts indicating an occupant may be armed and presently dangerous.
- (c) Evidence obtained in violation of this section may be subject to suppression or other remedies as provided by law, except where exigent circumstances otherwise authorize the action.
Section 1063 Consent Searches#
- (a) A peace officer may conduct a search based on voluntary consent.
- (b) Consent may be limited or withdrawn at any time, and the search shall be limited accordingly.
Section 1064 Exigent Circumstances#
- (a) A peace officer may conduct a search or enter premises without a warrant when reasonably necessary to address an emergency, prevent imminent harm, prevent the imminent destruction of evidence, or pursue a fleeing suspect under circumstances requiring immediate action.
- (b) The scope and duration of action under this section shall be limited to the exigency.
Section 1065 Plain View Seizure#
- (a) A peace officer may seize an item without a warrant when the officer is lawfully present and the item’s apparent connection to criminal activity is immediately evident under the circumstances.
Section 1066 Inventory and Safekeeping#
- (a) A peace officer may conduct an inventory of lawfully impounded property for safekeeping and documentation in accordance with standardized agency procedures.
- (b) Inventory authority shall not be used as a pretext for investigatory searches.
- (c) Standardized inventory procedures shall be publicly available or, at minimum, producible in court upon request.
- (d) Material deviation from standardized procedures shall be presumed pretextual unless the deviation is justified by documented safety needs or other documented necessity.
Chapter 5: Warrants, Service, and Entry
Section 1080 Service of Warrants#
- (a) A peace officer may serve arrest warrants and search warrants as authorized by law.
- (b) A peace officer may request assistance and establish reasonable perimeters to safely execute warrants, provided perimeter detentions are limited to what is authorized by law and supported by specific, articulable facts as applicable.
Section 1081 Knock-and-Announce#
- (a) When executing a warrant at a residence, a peace officer shall knock and announce presence and purpose, and allow a reasonable time for response, unless doing so would create a substantial risk of harm, facilitate escape, or lead to destruction of evidence.
- (b) The decision to dispense with knock-and-announce, or to shorten the time for response, shall be documented when reasonably practicable with the specific facts supporting the decision.
- (c) When a court finds an unjustified failure to comply with this section, the court may impose remedies as authorized by law, including suppression where authorized, sentence mitigation, and civil or administrative referral, except where exigent circumstances justified the entry.
Chapter 6: Limitations, Immunities, and Accountability (Procedural)
Section 1100 Good-Faith Performance and Qualified Immunity#
- (a) A peace officer acting within the scope of lawful duties and in good faith is entitled to the immunities and defenses provided by the Constitution and laws of the State of San Andreas.
- (b) Nothing in this section limits criminal liability for willful misconduct, nor civil remedies where authorized by law.
- (c) Qualified immunity and related civil defenses do not bar:
- (1) suppression of evidence where authorized by law;
- (2) compensation or credit for wrongful arrest or detention where authorized elsewhere; or
- (3) injunctive or administrative relief where authorized by law.
Section 1101 Prohibited Conduct and Referral#
- (a) Allegations of unlawful force, unlawful search or seizure, false arrest, denial of access to counsel, custodial mistreatment, evidence tampering, retaliation for exercise of rights, or failure to intervene shall be referred for investigation consistent with agency policy and applicable law.
- (b) Criminal offenses by officials under color of law shall be prosecuted under Title 15.
- (c) A defendant has standing to move for a court-ordered referral or evidentiary hearing upon a showing of credible, specific facts supporting an allegation under subsection (a).
- (d) A court may impose sanctions for motions brought in bad faith or without a reasonable factual basis.
Section 1102 Evidence Handling and Preservation#
- (a) A peace officer shall reasonably preserve evidence and maintain chain-of-custody practices consistent with agency policy and State requirements.
- (b) Evidence obtained or handled unlawfully may be subject to suppression or other remedies as provided by law.
Section 1103 Body-Worn Camera and Recording Practices#
- (a) Agencies may require recording of enforcement contacts and critical incidents, and may establish retention and access policies consistent with law.
- (b) Nothing in this section creates a criminal offense; misconduct related to recordings may be prosecuted under Title 15 where applicable.
- (c) When a required recording is missing, incomplete, or selectively retained without good cause, a court may impose remedies as authorized by law, including adverse inference, evidentiary limitations, continuances, and suppression where authorized.
Chapter 7: Interactions with the Public and Special Circumstances
Section 1120 Persons in Crisis#
- (a) A peace officer may take reasonable steps to protect a person who appears to be in medical or mental health crisis, including requesting emergency medical services and arranging transport consistent with law and agency policy.
- (b) Any seizure or transport under this section shall be limited in scope and duration to the caretaking purpose and shall not be used to conduct criminal investigation absent independent lawful authority.
Section 1121 Public Assemblies#
- (a) A peace officer shall facilitate lawful public assemblies while maintaining public safety and enforcing applicable laws.
- (b) Dispersal orders, when necessary, shall be communicated clearly and provide a reasonable opportunity to comply, unless immediate action is required to prevent imminent harm.
- (c) When reasonably practicable, a dispersal order shall state:
- (1) the specific unlawful conduct prompting dispersal; and
- (2) a clear route and reasonable time to comply.
- (d) In any prosecution for failure to disperse or related offenses, a court may dismiss or mitigate where the dispersal order was materially unclear or did not provide a reasonable opportunity to comply, except where immediate action was required to prevent imminent harm.
Chapter 8: Construction
Section 1140 Construction and Severability#
- (a) This Title shall be construed to preserve public order while respecting the rights and due process protections guaranteed by the Constitution of the State of San Andreas.
- (b) Ambiguities in enforcement authority provisions shall be construed to preserve due process and access to counsel, and courts retain discretion to craft remedies consistent with the Constitution and laws of the State.
- (c) If any provision of this Title is held invalid, the remaining provisions shall remain in effect to the fullest extent permitted by law.