KNOW YOUR RIGHTS WHEN YOU’RE STOPPED BY THE POLICE


What you need to know if the police come knocking.


When a police officer stops you, it’s normal to feel anxious and uncertain. If you ever find yourself in this situation, it’s important to know your rights as a citizen. Lerato Tlhapi (28) found herself in the middle of a protest in downtown Johannesburg. ‘I went to town to submit job applications. As it turned out, two of the buildings I was going to were in the area of the protest. I thought of going back home, but it was the closing date for applications, and I didn’t have enough money to come back into town, so I decided to try my luck and go through the protest,’ she recalls.

Unfortunately, several shopfronts had been vandalised, and even though Lerato did not participate in the protests, she was seen running from the scene and was stopped and searched.

According to Section 23 of the Criminal Procedure Act (CPA) of 1977, a police officer has the right to search and arrest a person. ‘The purpose of such a search is to find any dangerous items that may be in that person’s possession, which could be used to injure others,’ says the SAPS. ‘In this situation, Lerato has the right to be searched only by a female police officer,’ says legal advisor Tintswalo Mpenyane. ‘The search of an arrested person must be done in a decent manner that displays respect for their dignity,’ she adds.



RIGHTS LIMITATIONS
The SAPS explains that there are instances where citizens’ rights are limited in order for the police to carry out investigations and prevent crime. This was the case with Rose Bodiba (56) from Soweto.

The police arrived at her house early one Sunday morning to search her home. ‘They said my son was a suspect in an attack at a local tavern. They were looking for the gun witnesses said he used,’ recalls Rose.

‘If a gun was used in a crime, the police have the right to search the home should they have reason to believe that an individual was involved.’ The CPA allows police officers to search you or your property without a search warrant to seize an item connected to a crime. ‘This happens if the police have reasonable grounds to believe that a search warrant would be issued if it was applied for, but the delay in obtaining it would defeat the purpose of the search,’ explains Tintswalo.

YOU HAVE BEEN ARRESTED — WHAT HAPPENS NOW?
When someone is arrested, it does not mean they have no rights. The first right is that everyone is presumed innocent until proven guilty in a court of law. ‘You may have watched movies and seen that when someone is arrested, the police officer says: “You have the right to remain silent.” Well, it’s true,’ says Tintswalo. The arrested person should not be forced to confess; they can secure legal representation and must be brought before a court no later than 48 hours after the arrest.

Related Article: How To Recognise Bullying And Talk To Your Child About It



POLICE VIOLATIONS OF YOUR RIGHTS — WHAT DO YOU DO?
If you believe a police officer has violated your rights, there are steps you can take. The first is to report the police officer to the commander of the police station where they are based. If you feel unsafe, or believe the matter will not be addressed at the station, you can contact the SAPS Service Complaint Centre or the Independent Police Investigative Directorate (IPID).

TO REPORT MISCONDUCT
SAPS Service Complaint Centre
Call: 0800 333 177
WhatsApp: 082 759 2590
Email: complaintsnodalpoint@saps.gov.za

The Independent Police Investigative Directorate (IPID)
Call: 012 399 0000
Email: complaints@ipid.gov.za


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KNOW YOUR RIGHTS WHEN YOU’RE STOPPED BY THE POLICE KNOW YOUR RIGHTS WHEN YOU’RE STOPPED BY THE POLICE Reviewed by Michelle Pienaar on April 04, 2022 Rating: 5
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