Law Enforcement Officer Act

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Laos_Macen
Wannabe Don
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Re: Law Enforcement Officer Act

Post by Laos_Macen » Tue Jun 24, 2014 3:37 am

((There seems to be some confusion about the language and interpretation of the LEO Act and the idea of the Garrity Warning. I have been in close contact with the judges and other parties throughout this trial and I want to throw in my final two cents as an OOC addendum to this precedent for the sake of simplicity and to prevent some concerns that were created during this trial.

The LEO Act and concept of the Garrity Warning is a written extension of the 5th amendment that closes the loophole that a cop, as an agent of the state, can incriminate himself through his status as a voice of the state even if it means he is indicting himself. The garrity warning is a safety that requires IAD and authorities within factions to notify a cop if his own testimony or actions as part of police activities - whether an investigation or otherwise - can be used to indict him criminally. Criminally means jail time and fines, etc related to the Penal Code of San Andreas.

This scenario involed internal faction politics. It is not the responsibility or interests of the Courts to micro manage or even have power over the internal politics of factions like the PD and SD - they are independently operated for that same logic and reasoning. The mayor doesn't pick the chief of police and we don't run like RL - we run what makes the game fun and the faction system is much more clan-like than it is akin to a real life government system. This will never change.

That said, I want to make clear people should not contact the courts when they are a member of the PD or SD and disagree with the actions of their superiors internally. Please contact head of factions or Kevin/Krisk who will then handle it or look to other OOC offices like the Governor's Office for input.

This also extends to the concept of investigations in general by IAD with members of the faction. Unfortunately we all have busy lives and cannot be in game 24 hours a day. IC communications via PM and such are, by OOC precedent, perfectly fine. Warmonkey's interpretation is based on the LEO Act which is being OOCly updated to address these inconsistencies. His judgement is not wrong - in fact it's very accurate to my own personal interpretation. It simply is that the LEO Act needs adjustment, which i will be doing as the head of Government Managment OOCly, not through the courts.

Thanks for everyone who took part in this trial and a special thanks to Delanto, Fitzy and Warmonkey to stressing as the chairing judges for this case in the past few weeks))

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