Exclusionary Rule

[UnknownMurder]

Security searched you illegally during Code Green without a warrant and found a small contraband in your pocket?

This suggestion is meant to aid the antagonist and heavily encourages Security to write up warrants during Code Green. The exclusionary rule prevents the Security from presenting evidence in charges which was gathered in violation of the Corporate Regulations and protection against illegal search and seizure. This is a doctrine commonly used in American courts but the exclusionary rule discourages Security Officers from obtaining evidence illegally.

That's how pretty much I can be brief about this topic.

[SierraKomodo]

Good luck getting people to enforce and obey this. I've had no end of trouble just getting warrants in general enforced as an IAA.

[Synnono]

I love the concept, but in practice it's going to be hell to enforce. If it's plastered in neon paint all over the server rules, maybe it stands a chance.

[Guest Marlon Phoenix]

This is already something that is supposed to happen.

 

Illegal Detention, Arrest, or Holding

To arrest, brig, or punish an employee without proper cause or reason. This is mainly for Security Officers who believe THEY ARE THE LAW.

First offense,10 minutes and/or demotion to cadet.

Second offense, 15 minutes and immediate suspension.

 

The meat of the issue is that once antagonist misbehavior is proven the officer is then justified. If you find a gun in someone's satchel during an illegal search during code green then... You still found a gun on them. You can't hand it back or ignore it. Punishing this sort of thing is very messy.

[Nikov]

I'd say anything that improves the chances of a rules-lawyer who's illegally stopped and frisked on a code green is good. It gives some teeth to IAA and command staff against jackbooted rights-tramplers. In the very least it gives grounds for an IR if they randomly dump your pockets and metagame your cult papers.

[UnknownMurder]

This is already something that is supposed to happen.

 

It is? I hadn't been aware of it.

[Guest]

AKA the Fourth Amendment in the United States, the doctrine itself is known as "fruit of the poisonous tree" in relation to evidence procured illegally and without a warrant.

"The Fourth Amendment (Amendment IV) to the United States Constitution prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.

(...)

The doctrine is subject to four main exceptions. The tainted evidence is admissible if:

it was discovered in part as a result of an independent, untainted source; or

it would inevitably have been discovered despite the tainted source; or

the chain of causation between the illegal action and the tainted evidence is too attenuated; or

the search warrant was not found to be valid based on probable cause, but was executed by government agents in good faith (called the good-faith exception).

The good-faith exception in this case supports the plain-view doctrine."

Yah, support it. Either sec does the job right or they have to let go the antagonist because they fucked up legal proceedings :^)

[Mofo1995]

I am a fan of this. I can think of a few times where I get up and searched in code green. One time someone said "It's effectively code blue, so let me search or you're arrested." Besides, no one ever gets in trouble for illegal detention or arrest, at least not ICly.

[Zundy]

Sounds cool. Obviously the contraband is still going to be taken away but the person shouldn't be charged.

Make a CCIA announcement for it and spam, spam, spam it fam.

[Ian The Corgi]

Atleast 3 times I was arrested without warrant, dragged to processing, I shout "I do not consent to a search" and they are just like THATS NOT YOUR DECISION (harmbaton) they find a chameleon projector and I'm like, it's a games machine, I broke it (harmbaton) they use it and its perma for me because having the projector makes you the person who spaced the chemist.

[Taintedglory]

I mean while the concept is cool and to an extent I support it, it's still a corporation who are very adamant about protecting their investments. I'm surprised nanotrasen even allows things such as personal space or basic rights

[UnknownMurder]

The doctrine is subject to four main exceptions. The tainted evidence is admissible if:

it was discovered in part as a result of an independent, untainted source; or

it would inevitably have been discovered despite the tainted source; or

the chain of causation between the illegal action and the tainted evidence is too attenuated; or

the search warrant was not found to be valid based on probable cause, but was executed by government agents in good faith (called the good-faith exception).

 

 

I knew you were going to bring this up, however I would like to hear how you detail the exceptions from your perspectives and share with everyone here.

 

Yah, support it. Either sec does the job right or they have to let go the antagonist because they fucked up legal proceedings :^)

 

Oh no! I've been charged with murder and I did actually murder him... They searched the department and found a bloody fire axe in my department where near me. Wait, what's this? Exclusionary Rule!? Awesome. I'll use this tactic in the regulations as a defense and protect my rights from illegal search and seizures and play it legally! I'll pin everything on them! I'm an evil master mind. Everything is criminally due processing as I have foreseen it.