Most of us have been stopped at a police roadblock, but how many of us have thought about what to do when this happens? Read more to find out.1
What is a roadblock? 1
When law enforcement officers such as police or traffic officers block the road by placing physical obstacles in the way. By doing so, traffic is slowed down, one-by-one car trickle, making it easy for law enforcement to stop any car. Roadblocks fall under the South African Police Service Act.
What is legally permitted at a roadblock? 1
Correct signage indicated by traffic cones for example, must be in place. It’s a criminal offence if you fail to stop at a roadblock. Search, and seizure procedures are legally allowed, and, as a motorist, you must submit to these. Any evidence may be seized at the authorities’ discretion.
What about your constitutional rights? 1
If these are breached in any way, you may request a written authorisation about the roadblock from any official present. The authorisation may not be required under certain circumstances, such as if a person happens to be a fugitive.
What if no authorisation is available? 1
Motorists must not argue this point at the roadside but take up the issue with a station commander at a police station. You may even consult an attorney.
What are roadside checks? 1
These differ from roadblocks because they don’t block the road. Traffic officers command specific vehicles to pull over onto the side of the road to inspect them and determine the driver’s wellbeing. Officials at such checks don’t have a warrant for search and seizure, but they can request to see your driver’s license. They can seize the latter if found to be false or defective.
What are law enforcement officers entitled to do? 1
They may search you and your car without a warrant at an authorised roadblock. They can seize any ‘contraband’ goods and issue an infringement notice. They may also disallow further use of the vehicle due to its lack of roadworthiness. They may also arrest you if they have legal reasons to do so.
What are law enforcement officers not permitted to do? 1
Officers may not verbally or physically abuse you nor damage your goods. They may not threaten to arrest you, ask for a bribe, or force you to pay your fine at the roadside. The officer may not hold onto your driver’s license to force you to pay any outstanding fines. Your car cannot be impounded without reasonable grounds.
What are your rights? 1
You can demand to see the certificate authorising the police officer. You can also refuse the right for the officer to search you or the vehicle at a roadside ‘check’ unless there are reasonable grounds to do so.
What are you not allowed to do? 1
You may not verbally or physically abuse an official nor damage his/her property. You cannot refuse to give a breathalyser test or a blood sample, and you may not offer or pay a bribe.
You may have gone through several roadblocks without any problems, but is your car adequately covered? If you would like to find out more about affordable car insurance products, contact PMD.
Source:
1https://www.arrivealive.mobi/rights-and-obligations-when-stopped-by-a-traffic-officer
This article was prepared by Eric Sandmann in his personal capacity. The views and opinions expressed in this article are the author’s own. The views and opinions in the article should not be attributed to anyone but the author unless expressly stated. Nothing in this article should be relied upon as advice, this publication is presented for informational purposes only. No person should act or refrain from acting in reliance on any information found in this article, without first obtaining proper financial advice from the appropriate professional. The author makes no claims, promises or guarantees about the accuracy, or completeness, of any information linked from, referred to, or contained in this article. The author reserves the right, to edit and change the content of this article.