gosh golly is it
Anyway, United States v. Gorin, which further expanded on legal principles related to terry frisking, which was expanding in cases like Adams v. Williams, established by Terry v. Ohio.
Terry v. Ohio is a baseline knowledge of the law, but isn't reflective of further judicial rulings in terms of the scope and applicability of the Terry Frisking rules.
My main concern is regarding the establishment of face-to-face civilian witnesses, which don't have the same requirement of reliability as you'd typically see in actual criminal informants. In Gorin, an officer was given a description through an anonymous tipline. They then, under their presumption, found the individual whom they believed to have made the report and he repeated the information in person. The defense in this appellate case argued that the bartender, the man who gave the description of the guy with the gun, had not been deemed a reliable witness through prior interactions. The courts found that because he was a guy who was seen as a civilian whom they'd have the ability to subpoena for testimony, and could further corroborate and would reasonably be able to testify in court.
Now, what did the court find and was the arrest upheld?
The court found that mixing in a variety of factors - notably, the actual description of the individual, coupled with the fact that civilian witnesses dont have the burdon of "reliability", coupled with the "flight risk" i.e. they could reasonably assume the man would leave if they went back and questioned the bartender further, they allowed for the arrest to stand.
This, is obviously a *very* low bar, compared to an actual search of a person, and one that cops aren't going to understand because this is gmod. The cops who *do* understand, are going to abuse this. So you're either going to have a guy fucking up, not understanding, and ruining the RP of a player, or you're going to have a retard asshole try and cater his own testimony to reflect what the defining features of what an allowable terry frisk would be (relatable)
As a cop now, I would 100% utilize terry frisks way too much. Because the bar is so low. Realistically, I'd *love* to have terry frisks. But also being a guy who does criminal RP, I also understand that it would be really gay and the community would hate it and it would only serve to cause problems.
The problem we have here is theres already an issue with random raids. Like, not even a week ago, a captain mass raided an apartment complex because he lost sight of a guy who ran into the apartments. Just kicked every door down. Obviously bad, obviously not even the legal standard, but we all have a garry's mod level understanding of the law. If, the random raiding is a problem even for captains, random terry frisks that don't fit the standards of the courts are going to be an even bigger problem. And if you're not *always* recording, the staff aren't going to do anything about it.
Community; how many times have you been randomly arrested and told "Go to court and fight it IC", because it was iffy enough that it wasn't necessarily a rule break, but definitely illegal? How many times have you been arrested for the most mundane action that you didn't clip and you had to deal with a 3 week court thing just to get it dismissed?
OBVIOUSLY the cops can't handle this kind of function. They're retarded. No amount of trainings will fix that. They'll do dumb shit, if people are smart enough to clip I don't know that we'd even blacklist for a "Random terry frisk", and if we do we'd be blacklisting a lot of cops.
No. Hard fucking no. I don't trust the cops. I don't trust the prosecution to not ignore faulty actions on part of the cops (because i've watched us do that), and I don't trust staff to be able to adequately understand irl law regarding terry frisks to even identify when one is incorrect and random.