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Title 2 — Rights & Due Process
Title 2 — RIGHTS & DUE PROCESS
Chapter 1 — Fundamental Rights
Section 201 Equal Protection and Fair Treatment#
- (a) All persons within the State of San Andreas shall be entitled to equal protection of the laws and to impartial treatment by state actors in the exercise of governmental authority.
- (b) No state actor shall intentionally discriminate against any person, or intentionally apply or enforce the law differently against a person, on the basis of protected status or other arbitrary classification.
- (c) A claim of selective enforcement or disparate treatment shall be evaluated by the court based on the totality of circumstances, including similarly situated comparators, objective enforcement factors, and any evidence of improper purpose.
- (d) When a defendant makes a prima facie showing of differential treatment of similarly situated persons, the State shall articulate on the record the objective, case-specific basis for the enforcement action.
Section 202 Due Process of Law#
- (a) No person shall be deprived of life, liberty, or property except through lawful authority and fair procedure.
- (b) Every person shall be entitled to timely notice of the basis for any governmental deprivation and a meaningful opportunity to be heard before a competent tribunal.
- (c) A pre-deprivation hearing may be delayed only when immediate action is necessary to prevent imminent harm to public safety or to preserve evidence, and the State shall bear the burden to articulate the specific facts supporting immediacy and necessity.
- (d) When pre-deprivation process is delayed under subsection (c), a prompt post-deprivation hearing shall be provided upon request, and the court shall make findings on the record regarding the justification for the delay and the adequacy of the process provided.
Section 203 Presumption of Innocence#
- (a) Every person accused of an offense shall be presumed innocent unless and until proven guilty by lawful adjudication.
- (b) No state actor shall impose or administer punitive treatment upon an accused person prior to adjudication.
- (c) Safety and security measures during arrest, detention, transport, booking, and custody shall be limited to those reasonably necessary for safety, prevention of escape, and preservation of evidence, and shall not be used as a substitute for punishment.
Section 204 Freedom from Arbitrary Punishment#
- (a) No punishment shall be imposed except as authorized by statute and applied through lawful judicial procedure.
- (b) No state actor shall impose, threaten, or administer informal or administrative sanctions for the purpose or effect of circumventing statutory sentencing, judicial authority, or lawful process.
- (c) Any deprivation of liberty or property imposed by an executive agency shall be supported by lawful authority, documented, and subject to judicial review upon motion.
Chapter 2 — Arrest and Detention Standards
Section 221 Lawful Basis for Detention and Arrest#
- (a) No person shall be detained or arrested by a peace officer except upon lawful authority supported by articulable facts.
- (b) A peace officer may conduct a brief investigatory detention when the officer can articulate specific facts indicating that criminal activity may be occurring, and the detention shall be limited in scope and duration to the purpose of the stop.
- (c) A detention shall not be prolonged beyond the time reasonably necessary to complete the mission of the stop unless additional articulable facts arise that justify continued detention or escalation to arrest.
Section 222 Notice of Cause and Charges#
- (a) A person who is detained or arrested shall be informed, as soon as reasonably practicable and when safe to do so, of the reason for the detention or arrest.
- (b) When the basis for detention or arrest materially changes, the person shall be informed of the updated basis as soon as reasonably practicable.
- (c) Upon booking for any offense, the person shall be informed of the offense or offenses for which the person is being booked.
Section 223 Booking, Processing, and Timely Disposition#
- (a) Arrest processing shall be conducted without unreasonable delay.
- (b) For arrest-adjudication eligible offenses, booking and disposition shall be completed as soon as reasonably practicable, and a delay exceeding 30 minutes from arrival at the booking facility creates a rebuttable presumption of unreasonable delay.
- (c) For offenses requiring mandatory trial under statute, the defendant shall be presented to a judge for a pretrial hearing as soon as reasonably practicable, and a delay exceeding 30 minutes from arrival at the booking facility creates a rebuttable presumption of unreasonable delay.
- (d) The presumptions in subsections (b) and (c) may be rebutted by articulated operational necessity, safety concerns, medical needs, or other case-specific circumstances, and the State shall state the basis for the delay on the record upon motion.
- (e) For arrest-adjudication eligible offenses, the booking authority shall impose only those penalties authorized by statute and shall release the defendant upon completion of the imposed sentence.
- (f) For offenses requiring mandatory trial under statute, the booking authority shall not impose sentence and shall process the defendant for judicial determination of release conditions or detention.
Section 224 Conditions of Custody#
- (a) All persons in custody shall be held in conditions that are reasonably safe and sanitary.
- (b) A custodial authority shall provide reasonable access to water and necessary medical attention when circumstances reasonably indicate need.
- (c) A custodial authority shall document and promptly report material safety, sanitation, or medical concerns observed during custody through established supervisory channels.
Section 225 Medical Care and Fitness for Custody#
- (a) When a person in custody requests medical care, or when a reasonable officer would perceive a need for medical care, the custodial authority shall arrange evaluation and care without unreasonable delay.
- (b) A custodial authority may delay transport or processing only to the extent reasonably necessary to address immediate medical needs or safety risks, and shall document the basis for any material delay.
- (c) When medical clearance is required by policy or circumstances, the custodial authority shall obtain and retain documentation of clearance as part of the custody record.
Chapter 3 — Right to Counsel
Section 231 Right to Counsel#
- (a) Every person shall have the right to consult with counsel in connection with custodial interrogation and criminal proceedings.
- (b) A custodial authority shall not unreasonably interfere with a person’s ability to contact counsel.
- (c) Upon motion, the court may grant appropriate relief for unreasonable interference with access to counsel, including suppression of statements, sentence mitigation, continuance, evidentiary sanctions, or other tailored remedies based on prejudice and the circumstances of the interference.
Section 232 Access to Counsel After Arrest#
- (a) A person in custody shall be afforded a reasonable opportunity to request and communicate with counsel as soon as reasonably practicable after booking.
- (b) A reasonable opportunity under subsection (a) includes at least one good-faith attempt to contact counsel through available channels, unless immediate safety or medical needs require delay.
- (c) When counsel is requested, custodial interrogation shall cease until counsel is present, unless the person clearly and affirmatively declines counsel.
- (d) Any declination or waiver of counsel relied upon by the State shall be clearly recorded or otherwise reliably documented, including the time, the person’s words, and the officer’s response.
Section 233 Confidentiality of Attorney Communications#
- (a) Communications between a person and counsel shall be treated as confidential.
- (b) A custodial authority shall not monitor, record, or disclose attorney communications except pursuant to a court order.
- (c) Inadvertent overhearing without recording shall be evaluated by the court under a reasonableness standard, including facility layout, available alternatives, and corrective actions taken.
- (d) Upon motion, the court may impose tailored sanctions for violations of this Section, including suppression of evidence derived from the violation, protective orders, evidentiary sanctions, disqualification where legally appropriate, or other relief necessary to protect the fairness of proceedings.
Chapter 4 — Search and Seizure Protections
Section 241 Security Against Unreasonable Searches and Seizures#
- (a) All persons shall be secure in their persons, houses, vehicles, and effects against unreasonable searches and seizures.
- (b) Searches and seizures shall be conducted only as authorized by law and limited in scope to their lawful purpose.
- (c) Any person with a legitimate privacy or possessory interest affected by a search or seizure shall have standing to challenge its legality.
- (d) Consent searches shall require voluntary consent evaluated under the totality of circumstances, and the court may find consent invalid where coercion, deception, or undue pressure is shown.
Section 242 Warrants#
- (a) Warrants shall issue only upon lawful authority supported by sworn information and shall describe with reasonable particularity the place to be searched and the persons or things to be seized.
- (b) A warrant shall be executed in a reasonable manner and within a reasonable time, and execution shall be limited to the scope authorized.
Section 243 Searches Incident to Arrest and Protective Measures#
- (a) A peace officer may conduct a search incident to a lawful arrest to the extent reasonably necessary to secure weapons, prevent destruction of evidence related to the arrest, and ensure officer safety.
- (b) A peace officer may conduct a limited protective frisk during a lawful detention when the officer can articulate specific facts indicating the person may be armed and presently dangerous, and the frisk shall be limited to a weapons pat-down.
- (c) Upon motion, the court may suppress evidence where the scope of a search under this Section clearly exceeded its lawful purpose and no other lawful basis justified the expansion.
Section 244 Inventory and Safekeeping of Property#
- (a) Property lawfully taken into custody shall be inventoried and safeguarded in a reasonable manner consistent with standardized procedures.
- (b) Property not subject to lawful retention shall be returned without unreasonable delay upon release or upon lawful demand, subject to reasonable administrative procedures.
- (c) Upon motion, the court may order return of property, restitution, or evidentiary sanctions where loss, destruction, or mishandling of property prejudices the defense, with relief tailored to culpability and prejudice.
Chapter 5 — Fair Trial Rights
Section 251 Right to a Fair and Impartial Tribunal#
- (a) Every person charged with an offense shall be entitled to adjudication by a competent and impartial tribunal.
- (b) No person shall be adjudicated by a tribunal with a disqualifying conflict of interest, and the court shall address timely motions for recusal or disqualification on the record.
Section 252 Right to Present a Defense#
- (a) Every person charged with an offense shall have a meaningful opportunity to be heard, to present evidence, and to challenge adverse evidence, subject to lawful rules of procedure and evidence.
- (b) The State shall not use false evidence or suppress materially exculpatory evidence.
- (c) Upon motion, the court may order appropriate relief for violations of this Section, including continuance, compelled disclosure, evidentiary sanctions, dismissal of affected counts where necessary to ensure fairness, or other tailored remedies.
Section 253 Public Proceedings and Record#
- (a) Criminal proceedings shall be open to the public to the extent consistent with safety, witness protection, and the fair administration of justice, and any closure shall be supported by findings on the record and narrowly tailored.
- (b) A record sufficient for appellate review shall be maintained as required by law and court rule.
- (c) At minimum, the record shall include the charges, plea, key rulings including suppression and continuances, verdict, and sentence, unless the court states on the record why a streamlined record is appropriate for a minor matter.
Section 254 Protection Against Compelled Self-Incrimination#
- (a) No person shall be compelled in a criminal case to provide testimonial self-incrimination.
- (b) A person’s exercise of this right shall not be used as a basis for adverse adjudication.
Chapter 6 — Use of Force Standards
Section 261 General Standard for State Use of Force#
- (a) A state actor’s use of force shall be objectively reasonable under the totality of the circumstances.
- (b) Force shall be limited to the degree reasonably necessary to effect a lawful objective, including arrest, detention, defense of self or others, or prevention of escape.
Section 262 De-escalation and Warnings#
- (a) When feasible and consistent with safety, a peace officer should use de-escalation techniques and provide clear commands before using force.
- (b) When feasible and consistent with safety, a peace officer should provide warning before using force likely to cause serious bodily injury.
- (c) This Section is aspirational and shall not, by itself, require suppression or other relief absent a finding of unreasonableness under Section 261, but the court may consider compliance or noncompliance when assessing reasonableness and remedies.
Section 263 Medical Aid After Force#
- (a) When force results in injury or when a reasonable officer would perceive a need for medical attention, the responsible agency shall arrange medical evaluation and care without unreasonable delay.
- (b) This Section shall not require actions that would unreasonably endanger officers, medical personnel, or the public.
Chapter 7 — Remedies and Enforcement
Section 271 Exclusionary Remedy#
- (a) Evidence obtained in violation of this Title shall be inadmissible in criminal proceedings, except where a court determines exclusion is not required by the Constitution of the State of San Andreas and exclusion would not serve the interests of justice.
- (b) When admitting evidence under subsection (a), the court shall make findings on the record addressing the seriousness of the violation, the deterrence value of exclusion, and prejudice to the defendant, and may order partial suppression or other tailored relief.
- (c) Nothing in this Section shall limit a court’s authority to impose additional remedies authorized by law.
Section 272 Civil Remedies Preserved#
- (a) A person whose rights under this Title are violated may seek civil remedies as provided by law.
- (b) Sovereign and official immunities, where applicable, shall be determined by statute and judicial precedent consistent with this Constitution.
- (c) Courts may award fees and costs as authorized by law for substantiated violations of rights secured by this Title.
Section 273 Criminal Enforcement by Reference#
- (a) Conduct by a state actor that violates rights secured by this Title may be prosecuted under Title 15 (Government & Public Office) or other applicable Titles.
- (b) Nothing in this Title shall be construed to create criminal offenses or penalties within Title 2.
Section 274 Judicial Oversight and Suppression Hearings#
- (a) Courts of this State shall have authority to hear and determine motions alleging violations of this Title, including motions to suppress evidence and motions for appropriate relief.
- (b) Upon a showing of disputed material facts, the court may order an evidentiary hearing and may permit challenges to warrant affidavits and related sworn submissions.
- (c) Courts may consider the credibility of witnesses, the reasonableness of officer conduct, and the totality of circumstances in determining remedies.
- (d) Remedies under this Section may include suppression, dismissal of specific counts where necessary to ensure fairness, sentence mitigation, continuance, evidentiary sanctions, protective orders, or other tailored relief appropriate to the violation and prejudice shown.