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    Default Roadblocks - Your Rights and Powers of the Police.

    Roadblocks - Your Rights and Powers of the Police.

    When may police officers set up or erect a roadblock or checkpoint?

    The National or Provincial Commissioner may, in writing, authorize the setting up of a roadblock or checkpoint according to section 13(8)(a), and this authorization should specify the date, approximate duration, place and object of the proposed action.
    However, Section 13(8)(d) also gives any member the right to set up a roadblock or checkpoint without written authorization, if he believes the time required to get such written authorization would defeat the object of the roadblock, when he reasonably suspects one of the following :
    * A person involved in a Schedule 1 offence is or is about to travel in a vehicle in an area.
    * A witness to a schedule 1 offence will be in such area(for which an arrest warrant has been issued or will be issued).
    * Suspicion of the intention of committing a Schedule 1 offence, and that the roadblock would assist in prevention of such offence.
    * A fugitive is or is about to be traveling in an area.
    * An object used in/evidence to/intended to be used in a Schedule 1 offence is about to be transported in an area(for which a search warrant has been issued or will be issued)


    What happens if I don't stop?

    According to Section 13(8)(f), any driver that approaches a roadblock or checkpoint set up under this section and refuses or fails to stop, will be guilty of a criminal offence.

    (f)Any driver of a vehicle who approaches a roadblock or any person who approaches a checkpoint and who refuses or fails to stop in accordance with an order to stop displayed as contemplated in paragraph (e), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.

    Do the police need my consent or a search warrant to search my vehicle?

    No. Any member may according to Section8(g), without warrant, search any person or vehicle stopped at such roadblock or checkpoint, and any receptacle or object in possession of such person or in/on/attached to such vehicle and seize, without warrant, any article referred to in Section 20 of the Criminal Procedure Act.

    If your rights have been affected by such search or seizure, the police official must, on demand, provide you with the written authorization for the roadblock or checkpoint, or in case it was set up without written approval, he must on demand inform you of the reason for setting up the roadblock.

    (g)Any member may, without warrant
    (i) in the event of a roadblock or checkpoint that is set up in accordance with paragraph (c), search any person or vehicle stopped at such roadblock or checkpoint and any receptacle or object of whatever nature in the possession of such person or in, on or attached to such vehicle and seize any article referred to in section 20 of the Criminal Procedure Act, 1977, found by him or her in the possession of such person or in, on or attached to such receptacle or vehicle: Provided that a member executing a search under this subparagraph shall, upon demand of any person whose rights are or have been affected by the search or seizure, exhibit to him or her a copy of the written authorization by the Commissioner concerned; and

    (ii) in the event of a roadblock that is set up in accordance with paragraph (d), search any person or vehicle stopped at such roadblock and any receptacle or object of whatever nature in, on or attached to such vehicle and seize any article referred to in section 20 of the Criminal Procedure Act, 1977, found by him or her in, on or attached to such receptacle or vehicle: Provided that a member executing a search under this subparagraph shall, upon demand of any person whose rights are or have been affected by the search or seizure, inform him or her of the reason for the setting up of the roadblock.

    Section 20 of the CPA, referred to above, states :

    The State may, in accordance with the provisions of this Chapter, seize anything (in this Chapter referred to as an article)
    (a) which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence whether within the Republic or elsewhere;
    (b) which may afford evidence of the commission or suspected commission of an offence whether within the Republic or elsewhere; or
    (c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.
    It should also be noted that Section 9 of this act states that the provisions of Sections 29 to 36 of the Criminal Procedure Act should be applied, of which Section 29 is the most important for this summary and basically states that any searches and seizures must be done decently and orderly, with minimal disruption :

    29. Search to be conducted in decent and orderly manner.A search of any person or premises shall be conducted with strict regard to decency and order, and a woman shall be searched by a woman only, and if no female police official is available, the search shall be made by any woman designated for the purpose by a police official.

    What are my rights and the powers of Police in terms of my licensed firearm?

    I will deal with this in a separate sticky, as it relates to your licensed firearm VS the law, and not VS roadblocks specifically.



    Relevant sections of the SAPSA quoted :

    South African Police Service Act 68/1995
    13. Members.

    (8)(a) The National or Provincial Commissioner may, where it is reasonable in the circumstances in order to exercise a power or perform a function referred to in section 215 of the Constitution, in writing authorize a member under his or her command, to set up a roadblock or roadblocks on any public road in a particular area or to set up a checkpoint or checkpoints at any public place in a particular area.

    (b) The written authorization referred to in paragraph (a) shall specify the date, approximate duration, place and object of the proposed action.

    (c) Any member authorized under paragraph (a) may set up a roadblock or roadblocks or cause a roadblock or roadblocks to be set up on any public road in the area so specified or set up a checkpoint or checkpoints or cause a checkpoint or checkpoints to be set up at any public place in the area so specified.

    (d) Notwithstanding the provisions of paragraph (a), any member who has reasonable grounds to suspect that

    (i) an offence mentioned in Schedule 1 to the Criminal Procedure Act, 1977, has been committed and that a person who has been involved in the commission thereof is, or is about to be, travelling in a motor vehicle in a particular area;

    (ii) a person who is a witness to such an offence is absconding and is, or is about to be, travelling in a motor vehicle in a particular area and that a warrant for his or her arrest has been issued under section 184 of the Criminal Procedure Act, 1977, or that such a warrant will be issued if the information at the disposal of the member is brought to the attention of the magistrate, regional magistrate or judge referred to in that section, but that the delay in obtaining such warrant will defeat the object of the roadblock;

    (iii) a person who is reasonably suspected of intending to commit an offence referred to in subparagraph (i) and who may be prevented from committing such an offence by the setting up of a roadblock is, or is about to be, travelling in a motor vehicle in a particular area;

    (iv) a person who is a fugitive after having escaped from lawful custody is, or is about to be, travelling in a motor vehicle in a particular area; or

    (v) any object which
    (aa) is concerned in;
    (bb) may afford evidence of; or
    (cc) is intended to be used in,
    the commission of an offence referred to in subparagraph (i), whether within the Republic or elsewhere, and which is, or is about to be, transported in a motor vehicle in a particular area and that a search warrant will be issued to him or her under section 21(1)(a) of the Criminal Procedure Act, 1977, if he or she had reason to believe that the object will be transported in a specific vehicle and he or she had applied for such warrant, and that the delay that will be caused by first obtaining an authorization referred to in paragraph (a), will defeat the object of the roadblock, may set up a roadblock on any public road or roads in that area for the purpose of establishing whether a motor vehicle is carrying such a person or object.

    (e)For the purposes of exercising the powers conferred by paragraph (c) or (d), a member shall display, set up or erect on or next to the road or at the public place such sign, barrier or object as is reasonable in the circumstances to bring the order to stop to the attention of the driver of a vehicle approaching a roadblock so as to ensure that the vehicle will come to a stop or to the attention of a person approaching the checkpoint.

    (f)Any driver of a vehicle who approaches a roadblock or any person who approaches a checkpoint and who refuses or fails to stop in accordance with an order to stop displayed as contemplated in paragraph (e), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.

    (g)Any member may, without warrant
    (i) in the event of a roadblock or checkpoint that is set up in accordance with paragraph (c), search any person or vehicle stopped at such roadblock or checkpoint and any receptacle or object of whatever nature in the possession of such person or in, on or attached to such vehicle and seize any article referred to in section 20 of the Criminal Procedure Act, 1977, found by him or her in the possession of such person or in, on or attached to such receptacle or vehicle: Provided that a member executing a search under this subparagraph shall, upon demand of any person whose rights are or have been affected by the search or seizure, exhibit to him or her a copy of the written authorization by the Commissioner concerned; and

    (ii) in the event of a roadblock that is set up in accordance with paragraph (d), search any person or vehicle stopped at such roadblock and any receptacle or object of whatever nature in, on or attached to such vehicle and seize any article referred to in section 20 of the Criminal Procedure Act, 1977, found by him or her in, on or attached to such receptacle or vehicle: Provided that a member executing a search under this subparagraph shall, upon demand of any person whose rights are or have been affected by the search or seizure, inform him or her of the reason for the setting up of the roadblock.

    (h)For the purposes of this subsection checkpoint includes any barrier set up under an authorization referred to in paragraph (a) in order to control the movement of persons.



    (9)The provisions of sections 29 to 36 of the Criminal Procedure Act, 1977, shall apply mutatis mutandis in respect of a search conducted under subsections (6), (7) and (8) and any object seized during such a search.

    NOTE to any LEOs: This is my interpretation and understanding of the subject and legislation around it. If any law enforcement officers disagree with anything said above, please feel free to discuss in a constructive manner and I will update the post with agreed upon changes.

    NOTE to the general public : Kindly refer to http://www.gunsite.co.za/forums/showthread.php?t=21096 before making any comments or posting any questions. In keeping with the above rules, feel free to ask constructive questions.

    NOTE to admins/mods : Please make this a sticky if you so agree.
    Last edited by white_ræbbit; 02-03-2012 at 10:10.
    Beware the killer ræbbit of Caerbannog! Look, that ræbbit's got a vicious streak a mile wide. It's a killer!!! He's got huge, sharp... eh, he can leap about... LOOK AT THE BONES!!!
    [URL]http://www.youtube.com/watch?v=pmu5sRIizdw&sns=em[/URL]

  2. #2

    Default Re: Roadblocks - Your Rights and Powers of the Police.

    Outside of asking for paperwork (which may not help much) what are the key clues to look for to detect whether the roadblock may not be legitimate and simply a setup for "untoward activities"?

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    Default

    Quote Originally Posted by Wanderin' Zero View Post
    Outside of asking for paperwork (which may not help much) what are the key clues to look for to detect whether the roadblock may not be legitimate and simply a setup for "untoward activities"?
    This is a difficult one. Aside from paperwork, if the roadblock was set up without written authorization, the member concerned would need to inform you of the reason for the roadblock... If I'm understanding your question correctly.
    Beware the killer ræbbit of Caerbannog! Look, that ræbbit's got a vicious streak a mile wide. It's a killer!!! He's got huge, sharp... eh, he can leap about... LOOK AT THE BONES!!!
    [URL]http://www.youtube.com/watch?v=pmu5sRIizdw&sns=em[/URL]

  4. #4

    Default Re: Roadblocks - Your Rights and Powers of the Police.

    Quote Originally Posted by white_ræbbit View Post
    This is a difficult one. Aside from paperwork, if the roadblock was set up without written authorization, the member concerned would need to inform you of the reason for the roadblock... If I'm understanding your question correctly.
    No, I am thinking of the type of situation where people who are not policemen pretend to be policemen and set up a roadblock. Or maybe where some otherwise legitimate policemen decide to go on an extracurricular activity, if you follow me. A pretty neat way to hijack somebody or similar.

  5. #5

    Default Re: Roadblocks - Your Rights and Powers of the Police.

    Bottom line is you can refuse a search. Cops will have to prove they have grounds to search you. Problem is refusing a search is more trouble than its worth and you'll probably get searched anyway.

  6. #6
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    Default Re: Roadblocks - Your Rights and Powers of the Police.

    Quote Originally Posted by BGL View Post
    Bottom line is you can refuse a search. Cops will have to prove they have grounds to search you. Problem is refusing a search is more trouble than its worth and you'll probably get searched anyway.
    nice one, I really suggest you try that at the very next roadblock you get too, let us know how it turns out!
    I am studying an awesome brand of leg fighting which was inspired by dung beetles and I think my brand of Kraft Manure is superior to all other styles ever invented. Furthermore I challenge all other manurists to a rolling contest where we shall establish whose manure ball is the biggest! I shall call it Honest Kraft Manure and declare it superior to all other brands of manure and will tell you that I have claimed the lineage directly to Imshi the great Dragon Kru Master Beetler who invented manuring, by gathering all manure from different animals together and making it work as the worlds most effective fertilizer. I proved myself by being members of not one but three super elite special gardening departments who were responsible for spreading manure to combat weed infestations!

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    Default Re: Roadblocks - Your Rights and Powers of the Police.

    BGL are you a current or former police member?
    I am studying an awesome brand of leg fighting which was inspired by dung beetles and I think my brand of Kraft Manure is superior to all other styles ever invented. Furthermore I challenge all other manurists to a rolling contest where we shall establish whose manure ball is the biggest! I shall call it Honest Kraft Manure and declare it superior to all other brands of manure and will tell you that I have claimed the lineage directly to Imshi the great Dragon Kru Master Beetler who invented manuring, by gathering all manure from different animals together and making it work as the worlds most effective fertilizer. I proved myself by being members of not one but three super elite special gardening departments who were responsible for spreading manure to combat weed infestations!

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    Quote Originally Posted by BGL View Post
    Bottom line is you can refuse a search. Cops will have to prove they have grounds to search you. Problem is refusing a search is more trouble than its worth and you'll probably get searched anyway.
    I'm very interested to know how you got to this conclusion. If you read Section 13(8)(g) thoroughly, it is clearly stated that any member may, WITHOUT WARRANT, search your vehicle, you, recepticle, object, etc, with NO mention of reasonable grounds. The lawfulness of this search will ONLY be dependent on the lawfulness of the roadblock. If the roadblock is lawful, refusing the search will get you arrested.

    Only the seizure of any object, which is a seperate issue, is subject to provisions in the CPA, based on reasonable suspicion on the involvement in an offence, or warrant issued.
    Last edited by white_ræbbit; 02-03-2012 at 16:02.
    Beware the killer ræbbit of Caerbannog! Look, that ræbbit's got a vicious streak a mile wide. It's a killer!!! He's got huge, sharp... eh, he can leap about... LOOK AT THE BONES!!!
    [URL]http://www.youtube.com/watch?v=pmu5sRIizdw&sns=em[/URL]

  9. #9

    Default Re: Roadblocks - Your Rights and Powers of the Police.

    Quote Originally Posted by abhm View Post
    BGL are you a current or former police member?
    Former reservist.

  10. #10

    Default Re: Roadblocks - Your Rights and Powers of the Police.

    I misread the article. Its been a while since I worked. Things may have changed but when I worked most (if not all road blocks) did not have official authorisation.
    How is specific is the permission ? Does it detail location and date or is it general permission to operate raod blocks in a specific area for a certain period ?
    I diverge here but IIRC a search (not at an official roadblock), of vehicle and/or person can be refused. Cops needs reason to search. Can someone confirm ?


    Quote Originally Posted by white_ræbbit View Post
    I'm very interested to know how you got to this conclusion. If you read Section 13(8)(g) thoroughly, it is clearly stated that any member may, WITHOUT WARRANT, search your vehicle, you, recepticle, object, etc, with NO mention of reasonable grounds. The lawfulness of this search will ONLY be dependent on the lawfulness of the roadblock. If the roadblock is lawful, refusing the search will get you arrested.

    Only the seizure of any object, which is a seperate issue, is subject to provisions in the CPA, based on reasonable suspicion on the involvement in an offence, or warrant issued.

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