Unwarranted Searching of My Person and Car

[FosterGecko]

Your Steam Name: FosterGecko
Your SteamID: STEAM_0:1:161151424
Your Character Name: Foster Goliath

Target Steam Name: Peter 2 puffs
Target SteamID: STEAM_0:0:63222577
Target Character Name (if known): Jake Sivori

Request Reason: As a police lieutenant, stated individual will pull me over for a traffic stop. Upon approaching my vehicle, he will ask for me id and papers, then go back to his car and run the computer. Upon checking my record and coming back to my vehicle, he will forcefully search me without my consent, due to the fact that I am a "felon" and have been arrested for violent offences in the past. This exact scenario has occured three times, and I have recorded two occurances.
When did the situation occur?: 12/??/2022, 12/11/2022, 12/12/2022
Your evidence to support your claim:

12/11/2022;

Police Illegal Search - Clipped with Medal.tv

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12/12/2022

Illegal Search 2 - Clipped with Medal.tv

Watch Illegal Search 2 and millions of other Garry's Mod videos on Medal, the largest Game Clip Platform.

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

 

[Austin Hunter]

I will handle this as this is a police report. Please be patient as I attempt to identify the other users forum account.

 

[toohightogame]

I will handle this as this is a police report. Please be patient as I attempt to identify the other users forum account.

@Austin Hunter I believe the person you are looking for is https://monolithservers.com/forums/members/nuclear.9934/ @Nuclear

 

[Austin Hunter]

@Nuclear You have 24 hours from this point to respond otherwise this will be handled without any input of why you made your actions.​

Spoiler

Thank you @toohightogame

 

[Austin Hunter]

Locked for review

 

[Austin Hunter]

Reviewed. Attempting to contact Officer for questions.

 

[Austin Hunter]

Reopening for reply:

 

[Nuclear]

Hi, just watched both videos and got this to say. Starting with the first one, I had a legitimate traffic violation I stopped you on. I followed standard procedure and got your ID, explaining cause for the stop. Upon going to the car, I ran your record which had numerous violent felony charges. This gives an officer probable cause to conduct a further weapon search as you are a violent convicted felon. I was formal and polite, handled the search and let you go without pushing further. On the second video, I stopped you in another vehicle. When I got out I went into the standard procedure and had you step out for another search, this time including the car. This one was not just a felon weapons check, but rather a full search seeing as you had driven to the bank in that car on an expired license. This gave me PC once again and I was formal with how I handled the stop. I have had captains, chiefs, and other police see me handle these stops like that and have never had any issues from them in how I conducted myself.

 

[Austin Hunter]

Upon going to the car, I ran your record which had numerous violent felony charges. This gives an officer probable cause to conduct a further weapon search as you are a violent convicted felon.

According to Terry v. Ohio, 392 US 1 - Supreme Court 1968, a terry stop colloquially known as a stop and frisk is not allowed. The definition of probable cause is a standard in which an officer would use to arrest someone. In this case you would need reasonable suspicion. In which a reasonable officer, based on his or her training and experience coupled with a set of articulable facts believed that a crime has, was, or is about to occur. Furthermore, this search would have to be in accordance with the United States Fourth Amendment. As such, you could only search for items related to the particular crime the officer is investigating. Simply being a felon is not a reason to search someone. As such your stop and any evidence found therein would be deemed fruit of the poisonous tree and thrown out.

THE ONLY TIME THIS MAY BE USED IS IF THE SUBJECT IS ON PROBATION OR PAROLE WHICH THE STATE OF MONOLITH HOLDS NO PAROLE OR PROBATION AGENCIES.

This one was not just a felon weapons check, but rather a full search seeing as you had driven to the bank in that car on an expired license. This gave me PC once again

Again, this would be a violation of Terry V. Ohio, the 4th amendment and various other case laws. The only time an officer may INVENTORY the vehicle in this situation would be if you requested a tow of the vehicle. This would not be considered a search, but instead a search to determine if the tow would cause the loss of high value items or cash which would be documented and returned to the owner (immediately, if possible). This is to limit liability. This may turn into a search depending on if illicit substances are found.

---

The following needs to be noted:

Stop and Frisk is not allowed.
Searching a person or vehicle without evidence, authority, consent, or just cause is not allowed.
Just because someone had been arrested does not mean they were convicted. There has yet to be a single conviction (due to lack of courts in the state of Monolith)
A previous felony does not open someone up to being searched. Ever.

As such, the following violations will be noted in the performance evaluation of @Nuclear

VIOLATIONS:​

Count 1. Illegal extension of detention. (2)
Count 2. Illegal seizure of a person. (2)
Count 3. Illegal seizure of personal assets (1)
Count 4. Violation of civil rights and liberties.

While the actions of Lt. Sivori were probably made in good faith, this is not permissible in the department and will result in 5 severity points (6 total) and a one (1) week suspension from any police supervisor roles.

 

[Austin Hunter]

Closed, Locked, Accepted. ​

Internal Investigation Status: Completed.