[ONLINE EXCLUSIVE] Know your rights at roadblocks

Make sure you survive every roadblock

The main reason for K78 roadblocks is find specific criminals or vehicles that are on the polices radar. Photo: Northglen News

Most people do not know their rights when it comes to what can and cannot happen at roadblocks.

Here is some vital information to ensure you are not on the wrong side of the law at any roadblock.

There are two types of roadblocks, informal and K78 roadblocks, the main difference between the two is the police’s ability and right to search you or your vehicle.

Here is all the information you need to ensure you make it out of a roadblock. Photo: Arrive Alive

At informal roadblocks, unless the officer can prove extraordinary circumstances to search you or your car, they cannot search you or your vehicle without a warrant.

At K78 roadblocks, police can search you or your vehicle without a warrant. The goal with these roadblocks is to either find specific criminals or stolen vehicles.

At both roadblocks, officers can pull over a driver to complete a routine check of the vehicle and driver, if the driver has committed a traffic offence such as reckless driving or failing to obey traffic signs, or the vehicle is suspected to be stolen or to be involved in criminal activities.

If an officer requests to search you or your vehicle, you can ask to see the warrant or authorisation from the national police commissioner.

You can also ask for proof of date, duration and purpose of the roadblock. If they cannot provide these documents, you have the legal right to prevent them from searching you and your car.

You can be arrested for driving under the influence, driving recklessly and/or dangerously, willfully obstructing the roadway or being a suspected of a crime – with or without a warrant.

You can also be arrested for preventing an officer from doing their job.

You have the right to film the police at a roadblock.

It is illegal for police to confiscate or damage any of your recording equipment.

If you are suspected of driving under the influence, a breathalyser test may be requested by the officer.

If you refuse to take the test, you will be detained and taken to the nearest police station for a blood test.

This information applies for both informal and K78 roadblocks.

Tips and information on what can and cannot happen at K78 roadblocks.

Tips and information on what can and cannot happen at informal roadblocks.

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