[imagesource: Gallo Images / Ashley Vlotman]

You might have noticed more officers on the roads in recent times, with the South African Police Service (SAPS) out in full force.

Considering the strict curfew and a ban on leisure travel for residents of Gauteng under the country’s adjusted alert level 4 lockdown restrictions, as well as the recent looting and unrest, there is a lot of work for them to do on our roads.

Therefore, it is a good time to have a discussion about the rights of motorists at roadblocks.

BusinessTech spoke to legal experts at DSC Attorneys, who say that police should have a warrant if they plan to search your car or house.

In most circumstances, at least.

The Criminal Procedure Act, the Police Act, and the Drugs and Drug Trafficking Act allow police to search your car (or home) without first getting a warrant:

The firm said that police can search your home or car without your permission and without first getting a warrant if an officer has a “reasonable suspicion” that you:

• Have committed a crime; or
• Are in possession of material used, or to be used, in a crime.

The Police Act gives police the capacity to set up roadblocks without the permission of the National or Provincial Police Commissioner, and search as they see fit.

The Act also allows them to take whatever they reasonably believe to have been used in a crime as evidence.

In context, that means alcohol can be seized (while the alcohol ban is still in effect), as well as anything suspected of being looted.

With everything that is going on, you can see how the police might consider all of us to be suspicious and:

“Clearly, this is open to abuse. A police officer at a roadblock can search your car when he or she has no reason to believe you have committed, or are planning to commit, a crime,” the firm said.

An urgent situation (like the looting) is also used to give the police more power, as a delay caused by obtaining a warrant “would defeat the object of the search” and thus police can search without a warrant or permission.

But the DSC Attorneys say that there are restrictions on this power:

“The police officers involved must have reasonable grounds to believe a warrant would have been issued.

If evidence is obtained when there was no real urgency or insufficient grounds for the search to take place, the evidence can’t be used in a trial against the accused.”

While SAPS haven’t exactly given us many opportunities to trust them, and you might feel the need to argue, just remember that your car can very much be searched if you’re stopped at a roadblock.

You could always grant a police officer permission if they ask to search your car, in which case, the search becomes legal.

But there are also some steps you can take to protect yourself in this situation:

“Remember to always remain calm, polite and cooperative. Firstly, ask for identification so that you know you’re dealing with a real police officer and ask to see a search warrant. Take notes of names, times and the location of the search.

“You can’t refuse it. You can and must ask the police officer to show you ID and the written authorisation from the National or Provincial Police Commissioner for the setting up of the roadblock.”

Stay safe and aware, folks.

[source:businesstech]