question on SA knife laws

**white_ræbbit** · 16-05-2012, 17:29

It doesn't matter if the cop knows shit. He will most probably conduct his arrest and/or search and seizure and fill in his paperwork accordingly, hence providing all the proof you need, so just go along with it without a fight, and let him feel the pressure afterward. Remember, wrongful search and seizure is, as opposed to wrongful arrest, a criminal offence as per statutory law. If he uses force to effect an unlawful arrest, the force itself could translate into criminal charges, even if the arrest can't. Just cooperate, and make sure the paperwork gets completed exactly in accordance with what was said at the time of arrest and search and seizure. If the docket says you were arrested for failure to provide fingerprints, it is my personal opinion that you could have a field day with that. If you were furthermore searched and your knife seized as per CPA that gives authority to search any arrested person, the search would have been based on a wrongful arrest, and in my humble opinion, won't be lawful either.

**d7e7r7** · 16-05-2012, 18:01

Originally Posted by white_ræbbit

It doesn't matter if the cop knows shit. He will most probably conduct his arrest and/or search and seizure and fill in his paperwork accordingly, hence providing all the proof you need, so just go along with it without a fight, and let him feel the pressure afterward. Remember, wrongful search and seizure is, as opposed to wrongful arrest, a criminal offence as per statutory law. If he uses force to effect an unlawful arrest, the force itself could translate into criminal charges, even if the arrest can't. Just cooperate, and make sure the paperwork gets completed exactly in accordance with what was said at the time of arrest and search and seizure. If the docket says you were arrested for failure to provide fingerprints, it is my personal opinion that you could have a field day with that. If you were furthermore searched and your knife seized as per CPA that gives authority to search any arrested person, the search would have been based on a wrongful arrest, and in my humble opinion, won't be lawful either.

Ok that makes sense... just the hassle of being arrested, taken to the station, spending the night etc, etc...

**white_ræbbit** · 16-05-2012, 19:34

Originally Posted by d7e7r7

Ok that makes sense... just the hassle of being arrested, taken to the station, spending the night etc, etc...

The hassle is exactly what you get compensated for, if it was indeed unlawful action by the cop. Just consult with your lawyer first, because 90% of people I arrest swear that what they did wasn't illegal, that our actions were unlawful, and even in sometimes allege that they have been assaulted. Do a bit of research about laws that pertain to what you are worrying/wondering about, and you'll have the upper hand over those cops that can't even bother getting to know one measly act that governs 90% of their actions on the street.

**Lian** · 04-01-2013, 00:27

how do you determine if the roadblock is "authorized" and they are thus legally allowed to search your vehicle?

**Bat32** · 04-01-2013, 02:13

Originally Posted by FrankH

I had a fold blade pocket knife (I used to walk through Joburg CBD every friday afternoon) got thrown in the back of your normal SAPS bakkie (by parktown police who were out of their juristiction boundry) and driven around for about an hour while they harassed random people walking around, I was one of 8 people in that vehicle, guess what? only one of them had actually commited a crime! he was a dagga dealer, the others were playing soccer in a field and they grabbed them because the dealer was being arrested nearby (affiliated because they were in the same field as a criminal) = it was way less than 10cm blade! 5 to 6cm Max! they said they would confiscate and let me walk free, its when I said: 'so are you actually going to destroy it or are you just going to take it for yourself?' that's when I got thrown into the back of the vehicle!
end of story, held at the station processing or charge room for about another hour until the A-hole told me to bugger off, but not before telling me that If I was seen again (in my own neighbourhood) I would immediately be arrested

**Todor** · 04-01-2013, 03:45

Originally Posted by Lian

how do you determine if the roadblock is "authorized" and they are thus legally allowed to search your vehicle?

Section 13(8) from http://www.saps.gov.za/docs_publs/le...ct68of1995.pdf

In brief before holding a roadblock the SAPS members need authorisation from National or Provincial commissioner to do so. The authorization document containing the location, date, duration, reason etc. must be available at the road block and you can request it be presented to you.

I am not sure of the mandate under which Metro operate wrt roadblocks though.

**Skaaphaas** · 04-01-2013, 06:26

Originally Posted by Todor

Section 13(8) from http://www.saps.gov.za/docs_publs/le...ct68of1995.pdf

In brief before holding a roadblock the SAPS members need authorisation from National or Provincial commissioner to do so. The authorization document containing the location, date, duration, reason etc. must be available at the road block and you can request it be presented to you.

I am not sure of the mandate under which Metro operate wrt roadblocks though.

I did that again some time ago. After a moerse skarrel they said the station commissioner gave them permission to hold the roadblock. Nothing on paper, though.

**Dylanm** · 04-01-2013, 07:25

Originally Posted by Skaaphaas

I did that again some time ago. After a moerse skarrel they said the station commissioner gave them permission to hold the roadblock. Nothing on paper, though.

So you can then tell them to bugger off. (if you want to be driven around a while in the back of the cheese van like Bat32) :)