Knowing your rights in a roadblock or police traffic stop is important. It can help you protect yourself and act appropriately with the police.
It may also help alert you if you’re subject to a fake stop, by criminals impersonating the police. In January, for example, three robbers were arrested for impersonating police officers and robbing travellers after asking them to pull over on the N12.
Types of road blocks
There are two types of roadblocks. An informal roadblock is typically used to catch drunk drivers on a busy road.
A K78 roadblock is approved by the National Police Commissioner and is used when police are looking for a criminal or a vehicle that was involved in a crime.
Are you legally required to stop at a roadblock?
By law, drivers are required to stop if signalled to do so by a uniformed police or traffic officer.
How to confirm the authenticity of a roadblock
To help confirm the authenticity of a roadblock, you can request to see the relevant police officer’s identification.
In the case of a K78 roadblock, you can also request to see the letter from the National Police Commissioner, authorising the roadblock. The police don’t need this letter to set up an informal roadblock.
What information are you legally required to provide at a roadblock?
If you’re stopped at a roadblock, you may be required to provide your driver’s licence and your ID book/card. A police officer may also require you to present your vehicle license or, if you don’t have it on you, to take it to a police station within a week.
Can police search you and your vehicle at a roadblock?
To conduct a search at an informal roadblock, the police must be able to produce a warrant or have reasonable grounds to search you without first obtaining this warrant. You’re within your rights to ask that the police show you the warrant before searching you or your property.
At a K78 roadblock, this doesn’t apply. The police are authorised to search you or your vehicle without a warrant. They may also seize items that are illegal or that they suspect may be connected to a crime.
At any roadblock, you may be required to submit to a breathalyser test.
Can you refuse a personal search at a roadblock?
You can’t refuse to be searched. However, you do have the right to be searched by a police officer of the same sex as you. In cases where an officer of the same sex isn’t immediately available, you can insist that the search be postponed until an officer of the same sex can perform it.
Can you be forced to pay outstanding fines at a roadblock?
It’s a myth that you can be forced to pay for outstanding fines at a roadblock. Police may arrest you for outstanding fines only if they can show you a valid copy of a warrant of arrest.
Can you be arrested at a roadblock?
Police officers can arrest you if they have cause to believe you were involved in criminal activity.
You may also be arrested at a roadblock for actions such as:
- driving while intoxicated
- reckless driving
- obstructing the roadway
- driving without a valid license
- verbally or physically abusing an officer.
What are your rights if you’re arrested at a roadblock?
It’s important to stay calm and not to resist. If you do resist arrest, the police have the right to apply reasonable force to bring you into custody.
If you’re arrested, the police are legally required to recite your rights to you immediately. The police must also take you directly to the nearest station, and you have the right to appear in court within two days.
Unless you’ve committed a serious offence, you can apply for bail at the police station. You may also be required to submit to a breathalyser test if the police have reason to believe you may be intoxicated.
What to do if you’re a victim of police assault or wrongful arrest
Unfortunately, wrongful arrests and police brutality, including assault and even rape, are common in South Africa.
If you’re a victim of unlawful assault or wrongful arrest by a police officer, you may have grounds for a personal injury claim against your city’s Metropolitan Police Department or the South African Police Service (SAPS). It is however very important to understand that the fact that charges were withdrawn at a later stage does not mean that the arrest or detention was necessarily unlawful or wrongful. You need convincing evidence as to the unlawfulness / wrongfulness of the relevant officer’s conduct, in order to have any prospect of succeeding with a claim.
To support a possible claim, it’s a good idea to record the names of the police officers at fault (provided you can do so safely) and the names and contact details of any witnesses. Take photographs of any injuries and keep medical reports and invoices.
Police assault claims are subject to specific time limits and other rules that differ from those for standard personal injury claims. It’s best to contact an experienced attorney who specialises in handling such claims as soon as possible. The attorney can guide you through the complexities of instituting a claim against a government authority like the SAPS and represent your interests.