CRIMINAL CODE | SECT. X - PROCEDURE

[SASA]

SAN ANDREAS CRIMINAL CODE

CRIMINAL PROCEDURE

 

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TITLE X - CRIMINAL PROCEDURE & ENFORCEMENT

1001. Arrest Procedure
Law enforcement officers must follow proper arrest procedures, which include informing the suspect of their rights, the reason for the arrest, and ensuring the suspect is treated humanely.

• Procedure:
  1. Suspect must be informed of the reason for the arrest.
  2. Suspect must be read their Miranda rights.
  3. Officers must use only necessary force to effect the arrest.
  4. Suspect must be provided with necessary medical care if required.

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1002. Search and Seizure
Law enforcement officers may only conduct searches and seize property with a valid warrant, unless exigent circumstances exist, or the search is consented to by the person involved.

• Procedure:
  1. A valid warrant must be obtained from a judge or magistrate.
  2. In cases of exigent circumstances, officers must be able to justify the immediate need for a search or seizure.
  3. Consent must be clearly given by the individual, and must be voluntary.

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1003. Evidence Handling
All evidence collected during an investigation must be handled, stored, and documented properly to maintain its integrity and chain of custody.

• Procedure:
  1. All evidence must be logged immediately upon collection.
  2. Evidence must be stored in a secure and designated area.
  3. Chain of custody must be documented, including every individual who handles the evidence.

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1004. Detention of Suspects
Suspects may be detained for questioning but must be informed of their rights, including the right to remain silent and the right to an attorney.

• Procedure:
  1. Suspects must be informed of their detention and rights.
  2. Detention must not exceed 48 hours without formal charges being filed.
  3. Suspects must have access to legal representation during detention.

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1005. Use of Force
Law enforcement officers are authorized to use force when necessary, but it must be proportional to the threat and used as a last resort.

• Procedure:
  1. Officers must attempt to de-escalate situations before using force.
  2. The level of force used must be proportional to the threat posed.
  3. Any use of force must be documented and reviewed.

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1006. Arrest Warrant
An arrest warrant must be issued by a judge or magistrate based on probable cause and must specify the person to be arrested and the offense charged.

• Procedure:
  1. Law enforcement must present evidence establishing probable cause to a judge or magistrate.
  2. The warrant must include the name of the person to be arrested, the offense, and any relevant details.
  3. Warrants must be executed in a timely manner.

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1007. Search Warrant
A search warrant must be issued by a judge or magistrate based on probable cause and must specify the place to be searched and the items to be seized.

• Procedure:
  1. Law enforcement must present evidence establishing probable cause to a judge or magistrate.
  2. The warrant must specify the location to be searched and the items to be seized.
  3. Warrants must be executed during daytime hours unless specified otherwise.

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1008. Subpoena
A subpoena is a legal document requiring a person to testify as a witness or produce evidence in a legal proceeding.

• Procedure:
  1. Subpoenas must be issued by a judge, magistrate, or attorney.
  2. The subpoena must clearly state the time, date, and location of the required appearance or the evidence to be produced.
  3. Failure to comply with a subpoena may result in contempt of court charges.

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1009. Bail
Bail is a sum of money or property deposited to secure the release of a suspect pending trial. Bail is intended to ensure the suspect's appearance at future court proceedings.

• Procedure:
  1. The judge or magistrate sets bail based on the nature of the offense, flight risk, and the suspect's criminal history.
  2. Bail may be denied in cases involving severe crimes or when the suspect is deemed a significant flight risk.
  3. If the suspect appears for all required court proceedings, the bail is refunded.

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1010. Pretrial Detention
Suspects may be held in custody before trial if they are deemed a flight risk, a danger to the community, or if no reasonable bail can ensure their appearance in court.

• Procedure:
  1. A hearing must be held to determine the necessity of pretrial detention.
  2. The judge or magistrate must consider the nature of the charges, the suspect's criminal history, and the risk to the community.
  3. Pretrial detention must be periodically reviewed.

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1011. Trial Procedure
Trials must be conducted fairly, with both the prosecution and defense having the opportunity to present evidence and cross-examine witnesses.

• Procedure:
  1. Trials must begin with the selection of a jury unless waived by the defendant.
  2. Both parties present opening statements, followed by the presentation of evidence and witness testimony.
  3. The trial concludes with closing arguments, jury deliberation (if applicable), and the verdict.