Staff Report on Agam

[SugarWater]

Your Steam Name: kingliptonicetea
Your Steam ID: https://steamcommunity.com/profiles/76561199179141518/
Your Character Name (If Applicable): Sebastian Shultz

Admin being reported: @Agam

Reason for Report: I feel during this situation Agam was biased towards me because of our past interactions, which is no surprise to me considering his reputation with others. I feel that it was a false void and he that he didn't really care about the sit but about if he could someway prove me wrong and loophole my interaction with the guy that reported me. Agam refused to discuss the situation any further and wanted to believe his own ridiculous opinion instead of informing himself of the LAW and or trying to understand my side but clearly not. From my knowledge, we go off IRL police procedure on most scenarios, and the actions I took during the traffic stop were completely legal and not out of the ordinary whatsoever. Agam claims I can't order him out and restrain him, but I can, I had all the legal reasons too, 1. He broke a traffic violation, 2. I'm all alone backup is scarce, 3. I'm in a High Crime considered area etc.

I pulled the guy over for reckless driving asked for ID and if he could step out of the vehicle, he steps out I restrain him, I ask if he has any guns he says yes, I run his name and he doesn't own a GL. I then arrest him, later I got brought to this sit.

I know for a fact Agam is not suitable for his current staff position all though he most likely have less than 5 reports against him I still feel he should be removed considering the way he responded and quickly dismissed me during that encounter which shows to me that's he's behaved liked this before in other sits. How can you be a part of a staff team that handles ingame issues but refuse to understand both sides and have a quick search about police procedure before any final decision is made, he made no effort to do so and catered to the reporter.


Time of Occurrence: 6/17/2020
Evidence to support your claim: https://medal.tv/clips/55940126/d1337q0U4ov4 , https://blogs.findlaw.com/blotter/2014/08/when-can-police-place-you-in-handcuffs.html

Additional members involved/witnessing: N/A
Read, understood, and followed staff report rules?: Yes, I do

 

[Agam]

Hello,
From what I can remember from the situation, the suspect in question was compliant and was causing no issues. You asked whether or not the suspect consented to a search, and the suspect denied the request. You continued to ask the suspect if you could search him, at which point the suspect gave in. I asked you if this was the case during the sit, and you did not deny it, so I took it as the truth. Before I voided the situation, I had asked @Afash for a second opinion and said that it wasn't allowed and that voiding the situation was valid. This is when I came back to explain why you couldn't cuff the person, uncuffed the suspect, written a verbal warning in your notes, and returned you.

In regard to IRL police procedures, there still was no reason for you to put him into cuffs. The suspect was complying and had posed no risk to you or anyone else around you. There was never any probable cause to search the suspect, and he only gave consent as you continually asked him. https://www.carmichaellegal.com/the-right-to-privacy

 

[Afash]

As I got tagged by @Agam please allow me to clarify some points. I can confirm that Agam asked me for a second opinion and I advised him to void the situation as there was no valid reason to handcuff and search the suspect. On that specific date we received too many complaints from various players about you being abusing your powers as a cop. in my opinion Agam wasn't biased and handled your sit professionally and asked for second opinion before voiding the sit.

 

[Thanewolfe]

User was an alternate account of a banned user,

However, looking at this case objectively, if we're observing applicable law in the United States. Police can ask a driver out of their vehicle for any reason during the vehicle stop (Maryland v. Wilson) provided it was a proper stop (lawfully) and this also applies to passengers.

As for the search, an exception to warrantless search is consent, a consent-search can be conducted at any point provided they receive consent to search the vehicle or persons. If at any point during a consent-search the individual revokes consent, the Officer must stop searching immediately. However, if the Officer believes the person being search may be armed and dangerous based on the totality of the circumstances surrounding the stop, it would constitute reasonable suspicion. Reasonable suspicion would allow for a pat-down search, which would ultimately turn up the weapon this individual was carrying without a license.

Additionally, Police may handcuff an individual during a traffic stop for his or her own safety, courts have always upheld this was a legitimate reason for cuffing an individual.

Situation should not have been voided, Officer was in the right. (No staff intervention necessary)

As for breach in staff policy, Agam acted in good faith even obtaining secondary opinion on the matter. Therefore, I see no reason to continue this staff report beyond just this clarification.

Staff report denied.