Judicial and Law Enforcement Authority
Created 08/12/2020 - Drafted by Justice Jack Sparroe - Updated by Justice Terry
Authority
The Department of Justice hereby grants the personnel employed as law enforcement officers by the agencies listed to act under the color of law with the authority to detain under reasonable suspicion and/or arrest/charge under probable cause for the offences contained within this document. The Department of Justice, as the granter of this authority, reserves the right to revoke or suspend these powers should it deem necessary. Relating to authority, the Assimilative Crimes Act adds: The enforcement authority of federal officials shall encompass all local, state, and federal laws. Additionally, state or local offences may be prosecuted in the event of their commission within federal land, property, or buildings located within the boundaries of the state or municipal authority. The personnel employed by these agencies, specifically to act in a law enforcement capacity, are granted the privilege to carry firearms at all times except when travelling aboard a commercial airliner unless specifically required for the commission of their duty.
Local/Municipal and State Law Enforcement Agencies
Los Santos Police Department, Blaine County Sheriff's Office, San Andreas Highway Patrol, San Andreas Marshals Service, San Andreas State Park Rangers / Wildlife Commission, Los Santos International Airport Police (LSIA), Port Authority Police, Railway & Transit Police, University Police (ULSA), Department of Public Health - Enforcement Division, Paleto Police, Grapeseed Police, Sandy Shores Police, Railroad Police, National Guard and Military Police, Rockford Hills Police.
Federal Law Enforcement Agencies (Local and Federal Authority)
United States Marshals, United States Department of Justice (Prosecutor's Office, Attorney General, Federal Bureau of Investigation (FBI/FIB), Alcohol Tabacco Firearms and Explosives (ATF)), Diplomatic Security Service, Secret Service, Department of Homeland Security (NOOSE/DHS) (United States Coast Guard, Terrorist Task Force, Customs and Border Protection, Immigration and Customs Enforcement, Federal Protective Service, etc.), International Affairs Agency (CIA/IAA), Drug Enforcement Agency (DEA/DOA), National Guard and Military Police.
Special Allowance Agencies
Department of Corrections - For the transportation and incarceration of convicted criminals.
San Andreas Fire Rescue | Fire Marshals - For the investigation of arson and chemical hazard laws.
International Criminal Police Organization (INTERPOL) - International Law Enforcement Agency
Civil Liability Immunity (Qualified Immunity)
Law enforcement officers who perform acts during the course of their official duty may not be held civilly liable for damages which result from violations of criminal law or civil rights abuses. The officer may still be held criminally liable for their actions.
Emergency High Crime Census Act
The Directors by emergency decree or simple majority vote, may declare an area a "High Crime Zone" based on objective and quantifiable evidence.
The "High Crime Zone" in question would have to be marked by a higher incidence of particularized criminal activity than other areas of the jurisdiction.
The Zone at issue would have to be tailored to a specific geographic location and limited to a recent temporal finding of criminal activity.
There would have to be a demonstrated nexus between the knowledge about the defined Zone and the reasonableness of the observations in that Zone.
The High Crime Census Act shall authorize Federal Agencies & Task Forces to perform Law Enforcement activity with the specific goal of reducing the level of crime in the Zone.
Should a crime be committed within the areas outlined below, that further leave the areas outlined below, the Federal Agencies & Task Forces policing these areas may continue to pursue individuals involved in the crime with the sole purpose of apprehending each suspect.
Extradition and International Agreements
San Andreas law enforcement shall honor international extradition and arrest warrant / detention requests originating from INTERPOL or the International Criminal Court (ICC). An INTERPOL "Red Notice" is an Arrest Warrant originating from and seeking extradition to another country.
Warrants originating from Russia, Cuba, Cayo Perico, North Korea, China, Iran, Iraq, Syria, Bhutan, Venezuela, Yemen, Afghanistan, Libya, Sudan, or Belarus will not be honored or automatically enforced. Only a Government Director may authorize a warrant originating from these countries to be enforced due to diplomatic and political reasons.
Whether or not the authorities of Cayo Perico may choose to honor a warrant issued by the San Andreas government depends upon the attitude of the current ruling authority of the island and may change with different leadership.
Extraterritorial Jurisdiction
Extraterritorial jurisdiction (ETJ) provides the government authority to exercise its enforcement capabilities beyond its boundaries-proper in certain cases. The Department of Homeland Security shall be primarily responsible for ETJ enforcement.
The Nation of San Andreas affirms that the following offences shall be prosecuted if they occur in the following extraterritorial circumstances:
Any Title 2 Violent Crime which occurs in international waters (outside the jurisdiction of any other nation) on: any vessel owned or operated by a San Andreas citizen / San Andreas registered entity OR when the offence is committed by or against a San Andreas citizen / San Andreas registered entity.
Any Title 2 Violent Crime which occurs in open airspace (outside the jurisdiction of any other nation) on: any aircraft owned or operated by a San Andreas citizen / San Andreas registered entity when the offence is committed by or against a San Andreas citizen / San Andreas registered entity.
Any of the following offences committed anywhere in the world in a manner such that it affects the operations of the San Andreas Government or the safety of its citizens: Terrorism, Espionage, Forgery, Counterfeiting, Fraud (or Conspiracy), Trafficking, Smuggling, Kidnapping, Extortion, Racketeering (and it's involved sub-offences only when presented alongside a racketeering charge).
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