Stop and Search Commercial Transport (SSCT) Act [May, 2015]

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Stop and Search Commercial Transport (SSCT) Act [May, 2015]

Post by Ramazan on Sat May 02, 2015 10:06 am

Stop and Search Commercial Transport (SSCT)
Act of May, 2015



SEC. I. DEFINITIONS
SEC. II. RESTRICTIONS
SEC. III. CONSTITUTION - 'UNREASONABLE SEARCH AND SEIZURE'
SEC. IV. DETAINMENT
SEC. V. PUNISHMENTS
SEC. VI. ENFORCEMENT




PREFACE
Whereas Law Enforcement must currently have proper reason to pull over a vehicle, this act would serve as a means to help prevent illegal trafficking by allowing Law Enforcement to stop and search any commercial transport vehicle that is solely used for transporting commercial goods.



SEC. I. DEFINITIONS

Commercial transport - a vehicle owned by a company that is used to transport goods from a manufacturer to a retailer, usually employing a third party driver to deliver these goods.

Leaving the scene - going out of the field of view of the Law Enforcement Officer that has pulled over the commercial vehicle.

SEC. II. RESTRICTIONS
Law Enforcement may not pull over a vehicle that is not defined as a commercial transport without having the proper means. This act does not serve as a ticket to pull over any vehicle they feel is suspicious.

Law Enforcement must run a license check on the vehicle to ensure it is owned by a company and not an individual before activating emergency sirens and ordering the vehicle to one side. A record of this license check must be stored for future reference and the prosecution of the company if found to be directly involved in trafficking.

Law Enforcement may only check the contents of the vehicle, and do not have the authority to search the driver unless they are found to be committing the felons of 'Arms Trafficking' or 'Narcotics Trafficking' on the spot.

SEC. III. CONSTITUTION - 'UNREASONABLE SEARCH AND SEIZURE'
The search of a commercial vehicle shall not be considered as 'unreasonable' (constitution article I, section III) as it does not violate the rights of the civilian driving the vehicle, they themselves are free to go as they are not the ones being searched but rather the vehicle of the company they are driving.

SEC. IV. DETAINMENT
The civilian driving the commercial transport vehicle is not considered as detained during a search, but the vehicle is considered under investigation and may not be driven away during the search (Law Enforcement may utilize a clamp or other form of vehicle trap to ensure this). If the driver attempts to drive the vehicle away during the search, they shall be charged with 'Obstruction of Justice' as per the code of laws.

Law Enforcement may request the details of the driver, and their co-operation during the search. The driver has the right to decline such an offer, though in doing so Law Enforcement have the right to operate the vehicle and open the cargo compartment in order to perform a search.

If the cargo compartment of the commercial transport vehicle has been forcefully closed, either by means of welding or otherwise, Law Enforcement may forcefully open the cargo compartment. If the driver is found to be guilty of the forced closure, they shall be made to pay the repair costs of the vehicle. If the company is found to be guilty of the forced closure, they shall pay their own repair costs. If Law Enforcement make a mistake in forcefully damaging the vehicle without being required to, the Law Enforcement Agency responsible shall pay the repair costs.

Any civilian driving a commercial transport vehicle that has been pulled to one side has the right to leave the vehicle during a search, whether standing to one side while Law Enforcement carries out such a search or leaving the scene entirely.

If a civilian does not co-operate and leaves the scene (as defined by section 1) and Law Enforcement find illegal substances within the vehicle, the company may be contacted to gather the details of the driver, and the driver will be charged for the crime of 'Evading' in addition to trafficking charges.

SEC. V. PUNISHMENTS
Law Enforcement that misuse this act to justify pulling over a civilian vehicle, or vehicle not defined as a 'commercial transport vehicle', will be subject to the charge of 'False Imprisonment' as per the code of laws. Inter-department disciplinary action may follow and future violations may result in a charge of 'Corruption' following a termination from their department.

SEC. VI. ENFORCEMENT
The act is to be enforced from the moment it is deemed constitutional by the Supreme Court of San Andreas and signed by the President of San Andreas. Upon passing the act into law, notices must be delivered to all affected transport companies and third party drivers employed by said companies. Publications must be available to the public for a period of no less than 7 days from the passing of the law.


Last edited by Ramazan on Sat May 02, 2015 12:10 pm; edited 2 times in total
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Ramazan
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Re: Stop and Search Commercial Transport (SSCT) Act [May, 2015]

Post by Matt on Sat May 02, 2015 10:07 am


The Supreme Court has reviewed the motion to accept the Stop and Search Commercial Transport Act. The Supreme Court has conducted constitutional review of this act as ordained in the Constitution of the Totalitarian State of San Andreas. The Supreme Court finds this act constitutional.

Matthew Troy
Chief Justice
Supreme Court of San Andreas

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Re: Stop and Search Commercial Transport (SSCT) Act [May, 2015]

Post by Ramazan on Sat May 02, 2015 10:12 am

Bill ratified on May 2, 2015.

Signed,
Ramazan Malice
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