Know your rights when faced with police

IT can be intimidating when you interact with law enforcement officers, but it helps if you understand your rights in the situation. Whether it’s while driving, at a roadblock, in public or at home, it’s always good to be empowered with the knowledge of what your rights are.

When police want to search you or your house

Sections 10 and 14 of the Constitution state that you have the right to human dignity and the right to privacy, which includes the right to have your dignity respected and protected.

According to King Cetshwayo Police Cluster spokesperson Capt Mbongeni Mdlalose, police need to produce a search warrant authorised by a magistrate before conducting a search.

‘Police need to have grounds to want to search your property.

‘They can conduct a search without a warrant only if it’s under dangerous circumstances. Obtaining a search warrant can take some time but if police receive information about criminal activities and can’t wait to get a search warrant, and may conduct a search.

‘A police official may search you or your property without a search warrant for the purposes of seizing an item connected to a crime.

‘Police can also conduct a search if a police official, on reasonable grounds, believes a search warrant would be issued but that the delay in obtaining it would defeat the purpose of the search,’ said Mdlalose.

During a roadblock

The Road Traffic Act 29 of 1989 and the National Road Traffic Act 93 of 1996 empower traffic officers to hold roadblocks. If you are stopped at a roadblock, you have the right to ask to see the officer’s certificate of appointment.

The traffic officer may inspect your vehicle to see if it is roadworthy.

You may be required to provide your name and address for identification.

If you are suspected to be driving under the influence, you may be asked to take a breathalyser test.
If you feel you are being victimised, you can ask to be taken to the nearest police station.

The South African Police Services Act 68 of 1995 empowers the National or Provincial Police Commissioner to authorise roadblocks at which you and your vehicle may be searched. If you are stopped at such a roadblock you have the right to ask to see the written approval for the roadblock from the National or Provincial Police Commissioner.

‘A driver doesn’t have the right to refuse being searched or his/her vehicle from being searched at roadblocks. Police normally apply for permits and warrants to conduct their roadblocks,’ said Mdlalose.

When can you be arrested?

A person may be arrested either on the strength of a warrant of arrest or when a police officer witnesses a person committing an offence or has probable cause to believe a person was involved in the commission of a crime.

When approached by a police officer, one should remain calm. Do not flee or allow your first response to be an aggressive one. Offer your co-operation to the officer and do not resist arrest and never offer to pay a bribe. Should arrest be resisted, reasonable force may be used by the officer to effect the arrest.

What are your rights when being arrested?

You have the right to be informed of the charges on which you are being arrested.

Most importantly you have the right to remain silent, to be informed promptly of such right and the consequences of not remaining silent.

Any information uttered or willingly given to an officer may be used against you in court.

You may not be compelled to make any confession or admission that could be used in evidence against you.

A person further has the right to be brought before a court as soon as is reasonably possible, but not later than 48 hours after the arrest.

If the period of 48 hours expires outside ordinary court hours or on a day which is not an ordinary court day, the accused must be brought before a court not later than the end of the first following court day.

Once arrested you are required to tell the police your home address.

A police officer may not request any further information from you including in respect of your activities or organisations you are involved with.

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