Police Powers & Your Rights
Police Powers & Your Rights
LEPRA stands for Law Enforcement (Powers and Responsibilities) Act and it is what police and other law enforcement officers’ are legally bound by. What are police powers and rights that you have in respect to them?
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Police Arrest you? what do they need to provide?
- Evidence that the police officer is a police officer (unless the police officer is in uniform),
- The name of the police officer and his or her place of duty,
- The reason for the exercise the power
- Police can use force as is reasonably necessary to make an arrest (section 231, LEPRA) or to exercise a lawful function (section 230, LEPRA).
However, excessive force is unlawful
Police Powers and Rights: General Search Powers
WHAT
WHEN
WHAT
To conduct the search, and under section 21, a police officer may:
- Run his/her hands over the person’s clothing
- Require the person to remove some of his/her clothing (coat, jacket or similar, gloves, shoes, socks and hat).
- Examine anything in the possession of the person
- Pass an electronic metal detection device over or in close proximity to the person’s outer clothing
- Carry out other actions as authorised by the act.
WHEN
Pursuant to section 21 of the act, the police can carry out searches of persons without a warrant if the police officer suspects on reasonable grounds that the person has in their possession or under their control:
- Anything stolen or unlawfully obtained.
- Anything for use or intended for use in connection with a serious offence,
- A dangerous article that is being or was used in or in connection with the commission of a relevant offence,
- A prohibited plant or a prohibited drug.
A family provision claim’s objective is to offer financial assistance to a relative or dependent left without adequate provision in a deceased person’s will. This kind of claim, usually referred to as a testator’s family maintenance claim, may be made by qualifying dependents or family members who were left out of a will or have been inadequately provided for.
Can Police Search Your Mobile Phone? Read out factsheet below to find out.
Police Powers And Rights: Strip Searches
WHAT
WHEN
HOW
WHAT
A strip search of a person or of articles in the possession of a person that may include:
a) requiring the person to remove all of his or her clothes, and
b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
WHEN
Under section 31 of LEPRA, a police officer may carry out the strip search if there is a suspicion, on reasonable grounds, that the search is necessary, and that the situation is serious and urgent enough for the strip search to take place.
An indication from a sniffer dog is not sufficient, by itself, to constitute “reasonable grounds”.
HOW
The strip search must be conducted by a police officer of the same sex as the person searched. It must not take place in the presence or view of a person who is of the opposite sex. It must not take place in front of unnecessary people and must not search the genital area.
For more detail check out our factsheet below.
Can Police Search My Car without a Search Warrant?
WHAT
WHEN
WHAT
Under section 36 of LEPRA, police may do the following without a warrant or if there is a roadblock:
- stop, search and detain a vehicle
WHEN
When they suspect on reasonable grounds that the vehicle contains, or a person in the vehicle has drugs, weapons, something that’s stolen or something used in a crime. place.
An indication from a sniffer dog is not sufficient, by itself, to constitute “reasonable grounds”.
For more detail check out our factsheet below.
