Search and Seizure Act

Introduction

This Act defines the lawful parameters under which searches and seizures may be conducted within the State of San Andreas. While the Constitution guarantees every citizen the rights to dignity, privacy, and property, these protections must at times yield to legitimate investigations in the interest of public safety and justice.

Constitutional Justification

Pursuant to Article III - Rights and Freedoms of the Constitution of San Andreas, citizens are entitled to the Rights of Dignity, Privacy, and Property. Searches and seizures are lawful only when conducted under valid legal grounds, balancing these rights with the State’s duty to protect public welfare and uphold justice.

Article I - Search Warrants

A “Search Warrant” includes any judicially authorised order permitting the search or seizure of property, personal effects, electronic devices, or records, including but not limited to subpoenas, digital record requests, and surveillance authorisations.

To justify temporarily limiting a citizen’s right to privacy, a Search Warrant must include:

1. A sworn statement of articulable probable cause from a Law Enforcement Officer specifying the suspected offence; and
2. A description of the premises or property to be searched and the evidence expected to be located.

Mobile phones and their digital contents are constitutionally protected property.

1. Officers may view only the SIM number to request a subpoena. If denied, the number must be deleted.
2. Absent exigent circumstances, a signed warrant is required to access digital content.
3. Exigent circumstances include fear of loss of life or immediate safety risks.
4. Abandoned devices may be searched without a warrant.

Article II - Searches Without a Warrant

Search of Person

Officers may search individuals for safety reasons if there is articulable concern or probable cause they are armed or involved in a crime or could be armed should said person need to be transported for medical care in a government-operated vehicle. Citizens may refuse such a search, but officers and medical personnel may then refuse to transport or treat them further.

Property Searches

Real Estate property requires a warrant unless:

1. Entry is necessary for emergency medical aid;
2. Entry is necessary to prevent serious physical harm; or
3. There is probable cause evidence inside is about to be destroyed.

Searches Incident to Arrest or Detention

Citizens under lawful arrest may be searched to:

1. Document possessions during transport
2. Locate illegal items; or
3. Confirm identification relevant to a case.

Vehicle Searches - Vehicles in use during a crime may be searched without a warrant.

1. Based on Carroll v. United States (1925).
2. The search scope must relate to the crime with probable cause.

Article III - Investigative Warrants

1. An Investigative Warrant authorises enhanced surveillance or investigatory methods.
2. Officers must provide clear probable cause and limit requests to lawful methods.
3. No warrant is needed for what can be observed from public space.
4. All Investigative Warrants must be signed by a Judge or Justice.

Warrants are valid for thirty (30) days, extendable by seven (7) day increments after fourteen (14) days upon judicial justification.

Article IV - Plain Sight Doctrine

1. Evidence observed in plain sight may be seized without further authorisation.
2. If illegal items are discovered during a lawful search or from a public vantage, the search scope expands to include them. Example: Executing a warrant for weapons and finding drugs allows both to be seized.

Article V - Special Warrant Requests

Officers may request the following special authorisations:

1. Sealing - Redaction of sensitive details to prevent reprisal.
2. Night Raid - Permission to execute at night when the suspect is not in custody, justified by risk of armed resistance.
3. Delayed Notice - Permission to delay notifying the subject when advance notice could compromise the case.

Approval or denial rests solely with the reviewing Judge or Justice.

Failure to request when necessary may result in administrative or civil consequences but does not automatically void the warrant.

Article VI - Warrant Approval and Execution

Warrants must bear signatures from: The authoring Officer, and a ranking Command member (not the same person).

1. Properly signed warrants are presumed lawful. Clerical or factual errors can be summarily reviewed; substantial ones may void the warrant.
2. Consent searches are valid only if written, signed, and dated.
3. Warrants must be executed within fourteen (14) days of signing. Lockdowns over three (3) days require renewed approval.
4. Property may be temporarily locked pending judicial review but must be released promptly after execution unless under further judicial order.
5. Citizens must be notified within seventy-two (72) hours of execution unless delayed notice was approved.
6. A copy of the signed warrant and a receipt of seized items must be provided to them

Article VII - Contesting a Search Warrant

1. Citizens may contest a Search Warrant in any criminal or civil matter alleging constitutional infringement.
2. Contests are filed as separate docket entries titled “Search Warrant Contest.”
3. Hearings are overseen by a panel of one (1) Justice and two (2) Judges, unless unscheduled after seven (7) days, in which case a single Justice or appointed Judge may preside.
4. Hearings shall proceed as follows:
   • Defence presents argument for suppression;
   • Prosecution provides rebuttal.

After deliberation, the panel shall issue one of two verdicts:

1. Upheld - The warrant remains valid and evidence admissible.
2. Overturned - The warrant is void and all evidence derived therefrom is suppressed under the Fruit of the Poisonous Tree doctrine.

Article VIII - Rights of the Deceased

1. Deceased persons hold no legal rights to privacy or property. Warrants for their premises or records are lawful.
2. Seized property belonging to the deceased is retained solely as evidence and processed through standard State procedures.
3. Any competing ownership or estate claims shall be resolved through the courts.

Conclusion

This Act ensures that all searches and seizures within San Andreas are conducted with due regard for constitutional rights, legal necessity, and public safety. It establishes clarity for citizens and accountability for law enforcement in every exercise of this power.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson