All road users will from time to time be stopped by police officers next to the road. Your interaction with the police during such occurrence is a potentially volatile situation and must be handled properly.
• Under what authority are roadside stops performed?
Various laws give law enforcement agencies the authority to conduct roadside stops. These include, but are not limited to, the National Road Traffic Act, 93 of 1996 and The Criminal Procedure Act, 51 of 1977.
Law enforcement agencies (including SAPS, metro police, municipal police and provincial traffic police) have wide-ranging powers in this regard.
How do roadside stops work?
Certain roadblocks are approved in writing by the National Commissioner of Police, while others are conducted on a “local level” by the particular department or station involved.
Informal roadblocks may also occur and law enforcement officers may in certain circumstances decide to stop a specific vehicle, based on a reasonable suspicion that a crime has been or is being committed.
What may the police do?
• The police’s powers will greatly depend on the particular kind of roadside stop and the particular circumstances.
• During roadblocks, conducted under written authorisation from the National Commissioner of Police, your vehicle and person may be searched without a warrant.
• During other roadblocks or roadside stops, police will typically need a warrant, unless you consent to the search OR if the officer involved believes on reasonable grounds that he would have obtained a warrant, had he applied for one, but the time delay in obtaining such warrant, would defeat the purpose of the search (the driver would for instance escape or get rid of the illegal drugs being kept in the vehicle before a warrant could be obtained).
• If you consent to the search and volunteer information freely and voluntarily, it may be regarded that a search was legitimate and your answers may be admissible admissions or even a confession. Be careful what you say.
You must accept that the question of what exactly a police officer may or may not do, is a complex one, depending on various legal principles and the particular circumstances. To confront them may not be wise.
When may I be arrested?
• This will depend on the circumstances and an officer will often need to exercise a discretion.
• Police may not arrest you for outstanding traffic fines unless a warrant for your arrest has been authorised for your failure to appear in court after you have failed to pay the fine.
• Police may arrest you for reckless driving, for driving while under the influence of alcohol or drugs, or if they suspect you to be under the influence of alcohol and you refuse to take a breathalyser test.
What may I do during a roadside stop?
• You may inquire as to the purpose of the stop.
• You may ask to see the officer’s appointment certificate and other official documentation pertaining to the roadside stop (such as the authorisation granted by the National Commissioner of Police).
• You may make notes of the events or even take photographs or film it, keeping in mind that you do not want to antagonise the officer.
How should I conduct myself during a roadside stop?
• Remain calm and polite.
• Pay attention to what is happening and take note of details such as the officer’s name, rank, the location and what is being said.
• Answer questions truthfully (you may refuse to answer a question which will incriminate you).
• Accept that your conduct towards the officer will play a role in him exercising his discretion.
• Request a receipt for any item which has been seized.
• If you believe your rights have been infringed, immediately after the incident compile a proper record of what exactly has happened.
The possibility exists that a roadside stop can have dire consequences and you may need urgent legal advice. Get an attorney’s cellphone number today.
Francois de Kock and Juan Kotze of Juan Kotze Attorneys may be contacted at 011 892 1019, francois@therescueshop.co.za or juan@therescueshop.co.za.
ALSO READ: All you need to know about your rights pertaining to firearms
Follow us:
