RP Report - Hector_Luciano [Dario]

[Tony_Jones]

Directed to: SAPD authority.

Name: Jimmy Mayfields ( Jimmy[SCEMS] )

Report against:
Hector_Luciano - Failure to read Miranda rights ((Section 2, Ordinance XII in Argonath Constitution))

Description of events:
Well, I was pulled over by [NP]Monte.Montague, I cut the engine off. He told me to get out of the car and so I did. He then told me to put my hands up and I complied and he /su'd me for failure to pullover to sirens -- even though I did pull over. I was then getting shot at and so I jumped in my car and drove off. After I noticed Monte wasn't chasing me and it was another cop, I stopped at a wall and /gu. He came and took me to the LSPD, and didn't even give me an investigation, OR read my Miranda rights, which is a violation of the Argonath Constitution, and vital that all ARPD Officers read it to their suspects. I requested an FBI Agent and SAPD Officers, but none were available to help me. I then went to jail and I even told Hector about the law, however he still didn't read it. He should feel lucky that I didn't post this on the Court Hall section where I could take some of his money.

Possible Witnesses:
N/A

Evidence:

Screenshots can all be viewed here: http://pho.to/3tC5e


Date: 5, 10, 2013
Time: 1:17:31 CET

I state that the information provided in this report is 100 percent truthful and accurate, I have also read through the report to leader rules and followed all the correct procedure before submitting this report.

Signed,

Jimmy Mayfields ((Jimmy[SCEMS]))

[Dario.Cipone]

Dear I'm SAPD Supervisory Staff Sergeant Dario Cipone and I'll be handling this report.

Could you please post a screen where you warn the police officer that's reported here?

Thank you.

[Tony_Jones]

If you look in the link, the first picture shows him that he's been notified.

[Dario.Cipone]

Apologizing.

May I ask you why didn't you surrendered immediately instead of escaping?

[Tony_Jones]

I didn't want Monte to arrest me or to kill me due to his corrupt actions, therefore I drove away, when I found Hector was chasing me, I drove up to a dead-end and got out of the vehicle to surrender. He didn't read my Miranda rights and therefore he broke a constitutional law.

[Dario.Cipone]

Well, I'll review this in more detail, but you know the rules that founds you as guilty when you escape instead of immediatly surrend.

In any way, yes, if he didn't tell those a punishment will follow.


Waiting a statement from the reported officer in 48 hours before I'll reach a conclusion.

[Hector_Alvarez]

Hello.

First you evaded when Monte sued you also almost you carkilled him ,next i was trying pullover you *used megaphone few times* but you was still trying run.. when i had you in trap place then you gued why you didnt did it few minutes before when monte was far away from us???Also you dont want investigation , you just wanted unsuspection NOW! and they are your words nothing else...And also there was one higher officer (and cyril) they said i gonna handle it also cyril forced you to jail because you breake another one rule.. i dont know what i can say you shouldnt try escape few minutes as suspect and just /gu when you dont have any chance to run..

sorry for my english if you guys need more info contact with Cyril

[Tony_Jones]

Hello.

First you evaded when Monte sued you also almost you carkilled him ,next i was trying pullover you *used megaphone few times* but you was still trying run.. when i had you in trap place then you gued why you didnt did it few minutes before when monte was far away from us???Also you dont want investigation , you just wanted unsuspection NOW! and they are your words nothing else...And also there was one higher officer (and cyril) they said i gonna handle it also cyril forced you to jail because you breake another one rule.. i dont know what i can say you shouldnt try escape few minutes as suspect and just /gu when you dont have any chance to run..

sorry for my english if you guys need more info contact with Cyril

1.) Yes, I did evade Monte.
2.) No, I did not almost car kill him, he had armor and I accelerated in my vehicle, he was in front of the car which is a very dangerous thing to do.
3.) I admit to evasion and giving up when I reached the wall.
4.) I did want an investigation, I never said "unsuspection NOW!"
5.) I did not break any rules, Cyril told me to go to jail to comply, after not being able to come to a verdict, and I did go to jail.
6.) What does this have to do with you not reading my Miranda rights as required by the constitution?
7.) Did I even get an investigation?...

[Dario.Cipone]

By the screenshots, Jimmy, I can find that you says that in order of the Ordinance XII, Section II, you have to be unsuspected.

Ordinance XII:  In the case of arrest or detention, a citizen must be promptly informed of the reasons, must also be informed that he has the right to a lawyer and must be allowed to use that right as soon as possible. He shall also have the validity of the detention controlled by the present law and to be released if the detention is not lawful.

I've to say to you that you're correct in this, but this doesn't mean that you need to be unsuspected. You evaded, that means that you would take the investigation but that's not sure that you would get an unsuspection. The rules clearly states that if you evade and don't surrend immediatly, means that you're automaticly guilty. In any case, this doesn't grant the officer to don't tell you the miranda rights and to don't give you an investigation.

[Tony_Jones]

Correct sir, so what is your final verdict and punishments that may or may not be given out?

[Dario.Cipone]

24 hours to let Hector answer here, if he will not do in time, then I'll proceed with a verdict.

[Dario.Cipone]

San Andreas Police Department
12/10/2013

STATEMENT IN REGARDS TO THE CLOSURE OF THIS REPORT

On the October the 6th  2013, at 01:30 a report was submitted by Jimmy Mayfields as a lawful citizen of the United States of Argonath.
Since then, an investigation has been conducted by the SAPD command staff member:
- Supervisory Staff Sergeant Dario Cipone

The summary and conclusion of the report has now been decided and will be released to the public.

-- By looking through the photos, is clear that Officer Hector Luciano didn't say to Jimmy the miranda rights in an investigation. Other than that, all was fine.

-- In conclusion, giving a warning to the officer Luciano, to remember to tell to the suspect the miranda rights before you'll investigate him.

If the verdict of this report seems unfair to anyone, you can report this to a Deputy Chief via the ARPD Forum PM and we might reopen the case if your argument is valid enough.


Signed,
SAPD Supervisory Staff Sergeant Dario Cipone