Common Law

This document is a list of all cases in which the verdict sets a precedent, which will, going forward, be considered common law. These common laws will result from verdicts in Bench Trials or Docket cases, so a record of them is easily accessible. 

Common laws are not exempt from being reviewed, argued, or amended in the future.

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The current list of foundational common laws that are used as references from the United States within the State of San Andreas are as follows:

Tennessee v. Garner, 471 U.S. 1 (1985)

Law Enforcement are given the authority to use lethal force on an individual fleeing from police only when the pursuing Law Enforcement have the good faith belief the chased individual poses an immediate threat of serious injury or death to officers or others in the area.

Terry v. Ohio, 392 U.S. 1 (1968)

A police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”

Pennsylvania v. Mimms, 434 U.S. 106 (1977)

Law Enforcement may give a lawful order to the driver of a vehicle to get out of said vehicle if the individual is lawfully detained (i.e. a traffic stop) without the order infringing on the individual’s rights. Officer safety is reason enough for officers to request an individual out of a vehicle.

Wyoming v. Houghton, 526 U.S. 295 (1999)

If a search of a vehicle is being conducted by Law Enforcement with probable cause, Law Enforcement may inspect anything found within a vehicle if that item had the ability to conceal an item of interest. (i.e. a purse holding narcotics)

Carroll v. United States 267 U.S. 132 (1925)

As long as the member of Law Enforcement has probable cause to search the vehicle, they are not required by any laws to obtain a search warrant to search a vehicle. Due to vehicles being able to be moved, as opposed to a house or apartment, there is an increased risk of tampering with any possible evidence of any possible crime. Also known as the “Automobile Exception”.

Miranda v. Arizona (1966)

Any statements that a defendant in custody makes during an interrogation are admissible as evidence at criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started and the rights were either exercised or waived in a knowing, voluntary, and intelligent manner.

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The current list of Common Laws found by the Courts within the State of San Andreas are as follows:

Alex Suarez v. Los Santos Police Department – ‘The Suarez Standard’

Introduction

In this case, Alex Suarez was transported to a Police Station as the suspect of a potential crime without being placed formally under arrest by the Los Santos Police Department. It is the decision of the court that police are required to meet certain circumstances before they can transport someone to a Police Station if they are not under arrest.

Constitutional Justification

In the constitution it describes individuals having the right to privacy and due process. These protections are guidelines that the law must operate within to provide protections to accused citizens. This decision outlines how these protections can be implemented in the real world.

Details

The conditions under which an officer may transport an individual to a Police Station are as follows: Officers must have a reasonable concern for the safety and protection of the individual that can only be satisfied by transporting them to a Police Station, to identify the individual using forensic tools that are only available at a Police Station if the individual can not be identifed on the scene, for an investigative interrogation that can only be performed in a secure location while a suspect is under detainment or arrest, or with consent from the individual. If an individual is not under arrest they are free to leave the Police Station at any time provided officers are not immediately pressing charges.

Signed

𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕭𝖗𝖎𝖙𝖙𝖆𝖓𝖞 𝕬𝖓𝖌𝖊𝖑, 𝖘𝖎𝖌𝖓𝖊𝖉 07/13/2024

Last amended by Justice Brittany Angel, 7/13/2024