Player report

[Sosbabe]

Your Steam Name: Sosbabe
Your SteamID: https://steamcommunity.com/id/yeahyeahdevous/
Your Character Name: Keisuke takahashi

Target Steam Name: N/A
Target SteamID: N/A
Target Character Name (if known): Xaiver Johnson

Request Reason: Unlawful arrest lost all my deployables and drugs
When did the situation occur?: 4:30 am 3/13/21
Your evidence to support your claim:
So the story started off with officer Xaiver impounding my friends car for no license and with no VISIBILITY OF DRIVING. Since having expired tags is a non-moving violation, it is possible to receive a citation even when you are parked and your car is unattended, as long as you are not on private property. Then he came back AFTER the car was impounded to ask if he renewed his license with his car still being in private property. NO PROBABLE CAUSE. STEPPING ONTO PRIVATE PROPERTY (PORCH) AND GATHERING ILLEGAL EVIDENCE. Florida v. Jardines, the court ruled that the front porch of a home is a facet of the home itself and thus protected under the Fourth Amendment. Although Officer may look inside a WINDOW only if probable, it can not breach a 4th amendment. But if an officer happens to see illegal activity through a window while walking along the path to your front door hen he is legally authorized to make an arrest, or initiate an investigation based upon that information. Which he did not as shown in video evidence.

Additional members involved/witnessing: n/a

 

[StewartJames]

Hi,

As this is a report on police I'm replying to see if this individual should be punished in character and in roleplay for his actions as police.

Jardines ruled that the use of a drug detection dog at the threshold of a house was a protected search under the 4th amendment. This was not a ruling over knock and talk, which is what is occurring here.

The case was made that the fourth amendment did not apply due to the fact officers did not engage in trespass, which was the older accepted norm that required a warrant.

This was overturned in favour of the more modern standard of a reasonable expectation of privacy, which Jardines had, as this is to be expected within a household.

You would therefore have to have had a reasonable expectation of privacy for this to be unlawful.

It would not stand up in court that making copious amounts of weed in a front room with two windows facing a main road would come with a reasonable expectation of privacy. Fruit of the poisonous tree would also not apply - it is implicit that all citizens have the right to enter upon a facet of a property to knock and gain the owner's attention. Regardless of role, be it officer or citizen , the homeowner is not required to attend the door.

As such I cannot see that this officer breached either policy or law and so I will not issue any punishment in character as a result of this.

However, I will leave the floor entirely open to report management to ascertain if an out of character rule break occurred here, such as player targeting or failrp.

Thanks!

 

[Sosbabe]

@StewartJames Thanks for the response! I'm new around here and i learned a lot from reading your response.

 

[Alphadef]

Under Review

 

[Alphadef]

To start with, unfortunately, this player report cannot be properly processed:
[9] Player Reports will not be processed if the SteamID of the reported player is missing.

With that said I still have a bit more to say. I trust stewart's understanding of proper police procedure and legality so I don't feel the officer broke any rules here, though I could just be missing something. What I can see however, is your in discord metagaming with your friend.

[3.6] When playing on the server, our Discord is the only allowed third-party program for communication - crews get their own channel only accessible to their members. It is prohibited to use the discord for IC communication, eg: sharing locations, agreeing on meetings, trades etc.

As a result I will be issuing you 2 Warning Points for Metagaming. Please ensure you are not sharing in character information in third party or OOC communications.

Player Report Denied,
Locked and Moved