Stop and Frisk

[SharpShep 19]

Will probable cause be needed to search someone or does the game plan on going all police state on us? I fully admit i am asking this for all the most hilariously wrong reasons but it is still a fair thing to ask.

[QuannTann 54]

I mean, I can almost say for sure that if the RP is serious, Police officers will need probable cause before searching someone.

Plus unless a major crime just occurred at the opening of the server, I don't think the entire island would be under a police state.

So to answer that, Police officers who know their job will make sure that they have probable cause in order to search someone.

However, I cannot speak for those who do not understand their position, so I would have to say that it would depend on the officer.  

[SharpShep 19]

33 minutes ago, QuannTann said:

I mean, I can almost say for sure that if the RP is serious, Police officers will need probable cause before searching someone.

Plus unless a major crime just occurred at the opening of the server, I don't think the entire island would be under a police state.

So to answer that, Police officers who know their job will make sure that they have probable cause in order to search someone.

However, I cannot speak for those who do not understand their position, so I would have to say that it would depend on the officer.  

As a future pain in your butt lol. I am thankful you are interested in the small but important details.

and it won't be that big of a problem if they frisk us without cause. My bet is it would work like a real court case being thrown out for obtaining the evidence in a non legal way.

[QuannTann 54]

23 minutes ago, SharpShep said:

As a future pain in your butt lol. I am thankful you are interested in the small but important details.

and it won't be that big of a problem if they frisk us without cause. My bet is it would work like a real court case being thrown out for obtaining the evidence in a non legal way.

 

Exactly. But also, simply for the fact of me having to say "Okay, and pat down the left leg, and pat down the right leg." Is kind of tedious to have to do all the time and having to have probably cause gives me a pretty decent reason as to not have to do it.  

But really, It makes the RP a lot more fun for the criminal if I don't immediately say, "Okay sir now step out of the car," every time I pull someone over.

Hopefully, I helped you out! 

[SharpShep 19]

5 minutes ago, QuannTann said:

Exactly. But also, simply for the fact of me having to say "Okay, and pat down the left leg, and pat down the right leg." Is kind of tedious to have to do all the time and having to have probably cause gives me a pretty decent reason as to not have to do it.  

But really, It makes the RP a lot more fun for the criminal if I don't immediately say, "Okay sir now step out of the car," every time I pull someone over.

Hopefully, I helped you out! 

Tsk Tsk Tsk even if i get out of the car unless you have probable cause. You still can't search anything more then is plainly in sight. Even to pull me over you would need a reason.

[QuannTann 54]

The top one was a joke, my friend. Hence the face.  

But yes, you are right as to needing the probable cause even for a simple stop.

Anyhow, I hope to see you in-game friend, hopefully on the right side of the law! 

[Jinx 166]

2 hours ago, QuannTann said:

But yes, you are right as to needing the probable cause even for a simple stop.

Actually no, he's wrong, in most States 'stop and search' states reasonable suspicion, which is less than probable cause.

Edited December 8, 2016 by Jinx

[Samuel_Tsai 27]

10 hours ago, SharpShep said:

As a future pain in your butt lol. I am thankful you are interested in the small but important details.

and it won't be that big of a problem if they frisk us without cause. My bet is it would work like a real court case being thrown out for obtaining the evidence in a non legal way.

The way courtcases work in real life is that all illegally obtained and evidence that comes forward from the prior illegally obtained is scratched from records. For example if a phone tap uncovers that you don't only do drugs but also do weapons all evidence obtained about weapon trafficing would be scratched. However that does not mean you can't get charged for drugs trafficing with other evidence.

when it comes to probable cause, I feel like officers should indeed only be allowed to frisk with probable  cause but also with reasonable suspicion. Things such as reasonable suspicion go pretty far. For example, if a person is a known and active member of a criminal drug trafficing gang and lollygagging on a corner you can search him since it's pretty clear he's corner selling. I feel like there should be clear indications when it comes to searches and will probably be different from server to server.

TLDR: I support both probable cause and reasonable suspicion but the second one should be limited to certain clauses

[SharpShep 19]

8 hours ago, Jinx said:

Actually no, he's wrong, in most States 'stop and search' states reasonable suspicion, which is less than probable cause.

Yes and it is under fire for the fact it is a law mostly used by the cops to search minorities in poorer areas.

"While reasonable suspicion does not require hard evidence, it does require more than a hunch. A combination of particular facts, even if each is individually insignificant, can form the basis of reasonable suspicion. For example, police may have reasonable suspicion to detain someone who fits a description of a criminal suspect, a suspect who drops a suspicious object after seeing police, or a suspect in a high crime area who runs after seeing police."

Took that from a website for to check what you meant. So no a cop just can't stop me unless i look like someone who did something or do something idiotic.

Edited December 8, 2016 by SharpShep

[SharpShep 19]

1 hour ago, Samuel_Tsai said:

The way courtcases work in real life is that all illegally obtained and evidence that comes forward from the prior illegally obtained is scratched from records. For example if a phone tap uncovers that you don't only do drugs but also do weapons all evidence obtained about weapon trafficing would be scratched. However that does not mean you can't get charged for drugs trafficing with other evidence.

when it comes to probable cause, I feel like officers should indeed only be allowed to frisk with probable  cause but also with reasonable suspicion. Things such as reasonable suspicion go pretty far. For example, if a person is a known and active member of a criminal drug trafficing gang and lollygagging on a corner you can search him since it's pretty clear he's corner selling. I feel like there should be clear indications when it comes to searches and will probably be different from server to server.

TLDR: I support both probable cause and reasonable suspicion but the second one should be limited to certain clauses

Yes but if they happen to search but where found to not have reasonable suspicion or probable cause and found anything it will all be scratched.

As for being know to be a criminal group you would have to been convicted with them or being seen with the people is a crime family could simply be a friendship so reasonable doubt.  Because unless convicted you are suspected by law not knowing because your innocent till proven guilty.

[RunninCode 10]

EMS!!!

Edited March 24, 2017 by RunninCode