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The Castle Doctrine Act of 2014 is a federal law of the Union of Everett, passed and signed into law on March 1st, 2014. The Castle Doctrine Act consists of federal legal protections to citizens and foreign nationals alike in regards to law enforcement activity, the rights of individuals during encounters with law enforcement and the specified powers that law enforcement officers have during encounters with individuals.

Many law enforcement and police unions found the language of the law very controversial and several police unions were vocal in being against some of the sections of the law. However, the Castle Doctrine Act of 2014 comes as the result of an increase of reported police brutality claims nationwide and as well in the neighboring United States.

Summary of the Castle Doctrine Act of 2014

CDA 2014 consists of several sections which outline in detail the powers of law enforcement officers when conducting stops, investigations, arrests, serving of warrants and use of emergency authority powers. Another section specifies the rights of individuals when encountering law enforcement officers who are stopped, under arrest, being questioned or subject to searches and or seizures. The controversial language of the bill is located in an area specifying the rights of individuals to protect themselves from law enforcement brutality or to defend themselves for illegal or corrupt actions of officers which includes excessive force, warrant-less searches and or seizures, violent or lethal force without just cause and a multitude of situations in which the law allows an individual to use force to protect against illegal police actions.

Bill Full Text

"An Act to protect and defend the Constitutional rights of Everettis and lawfully visiting foreign nationals from unlawful, excessive, unwarranted, and or violent encounters with peace officers, or officials of enforcement of law."

  • I. Definitions
    • A. Legalities Defined
      • 1. Constitutional Right
        • a. A right protected as specified under the Constitution of the Union of Everett and its accompanying laws and statutes of the federal government regarding Constitutional, human, and civil rights.
      • 2. Self Defense
        • a. The lawful act of using force to protect oneself from unlawful force.
      • 3. Force
        • a. The act of using physical actions or through the use of a weapon to engage in an action against another.
      • 4. Lawful Force
        • a. The use of force against another based on just cause or reason to protect oneself, protect another or to subdue one using unlawful force or committing unlawful actions.
      • 5. Unlawful Force
        • a. The use of force against another in a criminal manner in which no just cause, reason or merit exists to use force against an individual.
      • 6. Castle Doctrine
        • a. A Constitutionally protected right of a property owner to view their property as sovereign and protected from unlawful acts, force or intrusion by individual or by government without just cause or warrant.
        • b. Property includes place of official residence, motor vehicles, private land, place of business, electronic devices and place of receiving mail, deliveries or communications.
      • 7. Just Cause
        • a. Designates an act of force, an act of intrusion or an act of detainment or imprisonment of an individual as reasonable and justified on the basis of preventing harm, injury, death, property damage, criminal acts or unlawful actions from occurring.
      • 8. Warrant
        • a. An official document signed by a justice in accordance with the Fourth Amendment of the Constitution of the Union of Everett, under terms of just cause to engage in use of force or intrusion against in individual or a property.
      • 9. Law Enforcement Officer
        • a. Any officially employed individual working for an agency of government or authority to enforce law including police officers, peace officers, parole or probation officers, federal agents, military police, court officers, investigators, detectives, inspectors, government agents, state officials, municipal officials, county officials, Sheriffs officers, foreign law enforcement officials, protective agents and military personnel.
    • B. Self Defense Defined
      • 1. Lethal Force
        • a. The use of force against another resulting in fatal injury and death.
      • 2. Non-Lethal Force
        • a. The use of force against another resulting in injury and or harm or no harm at all to ward off or defend from another individual.
      • 3. Weapon
        • a. Any object protected by the Second Amendment of the Constitution of the Union of Everett that can be used as an item of force.
        • b. Weapons may include firearms, stabbing items, strike items, electrical items, chemical spray items, and ranged items.
  • II. Rights & Powers of Law Enforcement Officers
    • A. Duties
      • 1. In accordance with Union of Everett Department of Justice standards, law enforcement officers have the official and mandated duty, on the job and while off the job, to protect, defend and secure individuals in need of emergency help.
      • 2. While on the job, it is required for a law enforcement officer to respond to any request for assistance or upon knowing a crime in ongoing, to intervene and assist.
        • a. It shall be a criminal offense for a law enforcement officer to ignore, disregard or to refuse to assist an individual in need of emergency assistance, while on duty.
        • b. The minimum penalty for neglecting the duties of a law enforcement officer shall be loss of employment and prohibition from being employed as a law enforcement officer.
      • 3. While off duty, including on vacation, during non-work days or other outside-of-work conditions, while still employed as a law enforcement officer, a law enforcement officer shall have the duty to respond to any emergency situation until on-duty law enforcement officers arrive on the scene of the emergency.
        • a. It shall be an internal offense for an off-duty law enforcement officer to refuse to assist or respond to an emergency situation.
        • b. The minimum recommended penalty for an off-duty law enforcement officer shall be three (3) days unpaid suspension from on-duty work. During this period, an off-duty officer shall still remain responsible to respond to or assist in an emergency situation until on-duty law enforcement officers arrive on the scene.
      • 4. Law enforcement officers shall have the right to intervene in any situation in which criminal conduct in ongoing.
        • a. Ongoing criminal conduct shall be any criminal act that is directly visibly ongoing in open view.
        • b. Suspicious conduct shall be any situation in which an officer shall have the right to question an individual for behaviors to situations considered criminally suspicious including loitering or arguments between individuals
      • 5. Law enforcement officers shall have the lawful right to question individuals.
      • 6. Law enforcement officers shall have the lawful right to give commands to individuals to vacate a location there is no lawful right for said individual to being residing.
      • 7. Law enforcement officers shall have the lawful right to detain or arrest an individual accused of domestic violent criminal conduct without warrant and against the wishes of the individual's spouse, intimate partner or domestic partner in accordance with Union of Everett Department of Justice Domestic Violence & Battered Wife Syndrome Mandates.
      • 8. Law enforcement officers shall retain the right to intervene in any openly and public argument between individuals.
      • 9. Law enforcement officers shall retain the right to detain an individual suspected to be associated with a criminal act reported and witnesses brought to the scene to identify said suspect individual.
      • 10. With a lawful warrant, a law enforcement officer shall have the right to conduct searches and seizures of private property and arrests of individuals as specifically designated by the warrant served.
      • 11. Law enforcement officers shall have the right to conduct a warrant-less entry of a property only in circumstances where a violent criminal act is taking place against another individual, in response to receiving a call and report, or visually noting the act occurring, or under just and reasonable cause of seeing a crime conducted, or having been conducted (such as a breaking & entering offense, or forced intrusion of a property) resulting in hearing or visually noting a violent offense taking place thereafter, for the lawful purpose of intervening in a potential violent crime.
        • a. Law enforcement shall retain the right to forcefully enter a property or vehicle without warrant, with just cause, such as during an emergency including a structural or vehicle fire, bomb or explosion, accident, medical or emergency rescue, natural disaster or other emergency situation.
      • 12. All law enforcement officers must wear a constantly recording video-audio device upon their uniforms, and a draw-activated video device upon their firearm (activated upon the drawing of the firearm from its holster), for the purposes of recording all events and encounters and to record any shooting incidents and events to be used as evidence in a court of law.
  • III. Rights of Citizens & Civilian Individuals
    • A. Speech
      • 1. Individuals shall have the right to refuse to speak to law enforcement officers.
      • 2. Individuals shall have the right to refuse to answer questioning from law enforcement officers as per the 5th Amendment of the Constitution of the Union of Everett.
      • 3. Individuals shall have the right to representation by attorney at any time requested.
    • B. Property
      • 1. Individuals shall have the right to deny entry to law enforcement officers to said individual's property unless a lawful warrant is presented.
      • 2. Property of individuals shall have the right to protection from unlawful entry by law enforcement officers unless a warrant exists, even if the owner is not present.
      • 3. Property not listed upon a warrant shall be protected from law enforcement search and or seizure.
      • 4. Individuals shall have the right to refuse to provide any passwords or access codes to law enforcement officers attempting to gain entry to electronic devices, electronic locks, safes, combinations or other password or code protected devices.
      • 5. Vehicles of individuals shall be protected from any form of search and or seizure by law enforcement unless a warrant is presented.
        • a. Law enforcement officers may conduct a visual inspection of a vehicle from outside of a closed vehicle window or opening.
        • b. Individuals shall be protected from warrant-less law enforcement inspections or searches of vehicles in areas of a vehicle including the trunk, enclosed spaces such as glove boxes, consoles, storage containers, underneath seats, inside dashboards, within the hood of the engine or other enclosed compartments of the vehicle that requires the opening of doors, windows or other hatches.
    • C. Cooperation With Law Enforcement Officers
      • 1. Individuals shall have no duty to assist law enforcement during a search, arrest and or seizure.
      • 2. Individuals shall have no duty to cooperate with law enforcement as a witness, nor are required to testify or appear in court unless they are either the plaintiff or the defendant in said case.
    • D. Watching Law Enforcement Activity
      • 1. Individuals shall retain the lawful right to watch and observe law enforcement activities from a secure distance from the scene of activity.
      • 2. Individuals shall retain the lawful right to record with video and or audio equipment, observing and recording law enforcement activities from a secure distance from the scene of activity.
      • 3. Individuals shall have no duty to surrender a personal video and or audio recording of law enforcement activity as evidence or for any other cause or demand.
    • E. Identification
      • 1. Individuals shall not be required to present identification upon their own private property.
        • a. Individuals shall be required to present valid driver's identification and other vehicle registrations during a traffic stop of a motor vehicle.
      • 2. Individuals shall not be required to present identification to a law enforcement officer unless they are under detainment or arrest for a misdemeanor or felony criminal offense.
      • 3. Pedestrians shall not be required to present identification to a law enforcement officer unless in the instance of section III.E.2.
      • 4. Individuals shall be required to present identifications upon the demand of a private business owner ensuring age requirements for entry into adult only businesses or properties in accordance with the Department of Justice Narcotics, Alcohol & Firearms Bureau Standards, including establishments serving alcoholic beverages such as bars, nightclubs, dance clubs or adults only facilities such as adult entertainment clubs, adult retail shops or upon attempting to purchase age restricted products including alcohol, tobacco or firearms.
  • IV. Rights of Individuals to Protection From Unlawful Law Enforcement Force
    • A. Individuals shall retain the right to forcibly keep law enforcement officers out of their lawful structural property during an unlawful, warrant-less intrusion by law enforcement officers.
    • B. Individuals shall retain the right to forcibly keep law enforcement officers from conducting warrant-less searches of their lawfully owned motor vehicles.
    • C. Individuals shall retain the authority to protect themselves from excessive force or aggressive force used by law enforcement officers without just cause or reason or without warrant or through a lawful warrant through abuse of police powers.
      • 1. A law enforcement officer committing excessive force, including beating, shooting, tazing, pepper spraying or assaulting a surrendering, surrendered or already detained and restrained individual shall be just cause for an individual to engage in forcible actions of lawful self defense or defense of others against said law enforcement officer.
      • 2. A law enforcement officer engaging in act of excessive or violent force against a handicapped, disabled or minor (including children) obviously incapable of being considered a threat to any individual or property shall be just cause for an individual to engage in forcible actions of lawful self defense or defense of others against said law enforcement officer.
      • 3. A law enforcement officer engaging in any unlawful pat-down or physical search of an individual that sexually violates such an individual, such as a male officer searching and engaging in inappropriate searching of a female individual; or a warrant-less search of an individual's private bodily cavities; or an excessive warranted search of an individual's private bodily cavities; or searches of areas without any just cause or reason; or the attempt of a law enforcement officer to seize samples of DNA, blood, skin, saliva or other bodily fluids without warrant; shall be just cause for an individual to engage in forcible actions of lawful self defense or defense of others against said law enforcement officer.
      • 4. An individual shall retain the right to protect and defend any minor they retain lawful parental or guardianship rights over from any unlawful law enforcement warrant-less seizure; or warrant-less medical or psychiatric based ordered seizure (in accordance with the Federal Psychiatric Patient Protection Act of 2011) through the use of lawful force of self defense or defense of others from said offending law enforcement officer.
    • D. Individuals shall have the right to use lethal force against a law enforcement officer engaging in an illegal, warrant-less search and or seizure, or unlawful raid of an individual's lawful property.
      • 1. An individual may utilize the Second Amendment of the Constitution of the Union of Everett to refuse and prevent, or stop an unlawful forceful intrusion of law enforcement officers who do not, or refuse to, present a lawful warrant, from entering said individual's private property.
        • a. An individual cannot be held liable for the actions of a law enforcement officer engaging in illegal or non-recommended raid or search and seizure conduct, including no-knock or no-warning raids of property, resulting in the injury or death of said law enforcement officer as a result of said individual's use of lethal force under belief such no-knock/no-warning raid was a criminal home invasion.
      • 2. An individual may utilize the Second Amendment of the Constitution of the Union of Everett to prevent or stop a law enforcement officer from engaging in unlawful, warrant-less behavior during an encounter including during unlawful pat-down procedures; illegal and warrant-less searches of bodily cavities; or searches of motor vehicles without warrant; instances of law enforcement officers engaging in brutal or violently excessive conduct; or to protect a living individual, including a lawfully owned pet or animal from law enforcement violence or murder.

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