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SAN ANDREAS STATE LEGISLATURE

LEGISLATION INDEX

  1. ARRESTS

    901.) An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.
     
    902.) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a crime may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
     
    903.) A peace officer may arrest a person in obedience to a warrant, when the officer has probable cause to believe that the person to be arrested has committed a crime in the officer's presence, or when the officer has probable cause to believe that the person to be arrested has committed a felony.
     
    904.) A private person may detain another for a felony crime committed or attempted in their presence. A private person who has detained another for the commission of a crime must, without delay, notify a peace officer of the detainment.
     
    905.) A peace officer may conduct an arrest, upon notification by a private person of a detainment, at the request of that person if said request is provided to the peace officer with evidence of an offense having been committed, and all records pertaining to the arrest must state the name of the private citizen ordering the person to be arrested.
     
    906.) An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest, but if the person arrested so requests it, the warrant shall be shown to him as soon as opportunity presents.
     
    907.) A peace officer may detain someone for up to 48 hours, in relation to an active investigation. During such a period, they will be held in police custody, and may upon request contact their legal representation. 
  2. OFFICER DISCRETION

    908.) Officer Discretion shall be applied in relation to all non-felony charges, in relation to an arrest. An officer may choose not to arrest someone in relation to a misdemeanor offense or an infraction, upon their own discretion. But may be liable for civil damages incurred if they fail to utilize proper discretion in the protection of any individual person. 
     
    909.) All charges in the Penal Code are free to be stacked, in accordance with the number of offenses committed. On top of this, charges may also be upgraded all according to officer discretion. The upgrades are as follows:
    Three misdemeanors of a Class (C) offense may be upgraded to a Misdemeanor Class (B) offense of the crime being charged within a single instance. Three misdemeanors of a Class (B) offense, may be upgraded to a Class (A) Misdemeanor offense of the crime being charged within a single instance. Two misdemeanors of a Class (A) offense, may be upgraded to a Class (B) Felony offense of the crime being charged within a single instance.
      Three felonies of a Class (C) offense may be upgraded to a Felony Class (B) offense of the crime being charged within a single instance. Three felonies of a Class (B) offense may be upgraded to a Class (A) offense of the crime being charged within a single instance.
      These upgrades will be up to officer discretion in the field, and will also have appropriate paperwork submitted as to the upgrades to charges being performed.
    910.) Officer Discretion in cases of non-felony charges shall be allowed to treat all penalties for these charges as maximums rather than statutory minimums, and may choose to opt for warnings, or lower penalties then stated at their own discretion. 
  3. SHOPKEEPER'S PRIVILEGE

    911.) A merchant, or employee or agent thereof, may detain a person for a reasonable time for the purpose of conducting an investigation into M(C) 304. Petty Theft or F(B) 303. Grand Theft whenever the merchant, or employee or agent thereof, has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises.
     
    912.) In the process of detention pursuant to shopkeeper’s privilege, a merchant, or person or agent employed thereof may use a reasonable amount of nondeadly force necessary to protect themselves and to prevent escape of the person to be detained or the loss of tangible or intangible property or merchandise.
     
    913.) A merchant, person or agent employed thereby, having probable cause to believe that the person to be detained or detained person was attempting to or has attempted to unlawfully take merchandise from the premises, may request the detained person to voluntarily surrender the merchandise. If the detained person refuses, a merchant, or employee or agent employed thereby may perform a limited and reasonable search in order to recover the unlawfully taken merchandise. Only packages, shopping bags, handbags, or other property in the immediate possession of the detained person—not including any clothing worn by the detained person—may be searched pursuant to this section.
     
    914.) A theater owner, or employee or agent thereof, may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
     
    915.) A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.
     
    916.) A merchant, or employee or agent thereof, shall notify a peace officer as soon as reasonably possible without delay.
     
    917.) The following definitions are applicable for provisions 911 through 916 under this section.
     
    Shopkeeper’s Privilege refers to the provisions of 911 through 916 under this section.
    Merchant refers to an owner or operator, and the consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.
    Merchandise refers to any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
    Agent refers to any security company or agency contracted by the merchant to protect the premises and/or the merchandise thereof and is authorized to effect the provisions of shopkeeper’s privilege.
    Employee refers to any person hired or contracted by the merchant or authorized person/body of the merchant to perform a service especially for wages or salary.
    Theater Owner refers to an owner or operator, and the employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.
    Books or other library materials includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed. material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.
    Library facility includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.
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