Legal Arrest

[shooty]

This i do not get
A simple call to cfr will determine if the fa is indeed livensed to you. But yeah tia

Remember the officer will not phone from his cellphone to check this for you.
He will more then likely detain you, or at least take firearm as per act from you.
Untill you go proof your the owner. He will only phone CFR from station.
But none the less. YOu have to carry the license when you EDC or transport.

Its the same with your drivers license. Sure the Traffic officer can test it on system.
But if you dont have your drivers license with you. They will fine you on the spot.
Some will give you fine but will give you like 24hours to come show them at traffic office the card.
They will then not scrap the fine but give a reduced fine.

[Electrix]

Short version:

In terms of Article 41 of the Criminal Procedure Act-

(1) It is an offense to provide false details to police officer or if you refuse to provide your details,

(2) Police officer can detain you for 12 hours to verify your address.

Article 50 deals with Procedure after arrest:-

Arrested person must be brought before court as soon as reasonably possible, but not later than 48 hours after the arrest, or on first available working day, i.e. on weekends or public holidays.


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[M43]

As far as I am aware Yes. If they suspect you of giving false identification.
Legal guys like Skaaphaas can maybe clarify but.
As far as I am aware.
Police can detain you for up to 48hours. In order to also decide if they want to arrest you on a crime.
In this period you are not under arrest. Merely being detained while they can investigate if they want to charge you.
In that 48 hours the detective will decide if he wants to arrest you.
If he charges you and arrest you in the 48 hour period.
He then needs to take you to appear in court as soon as possible.
If he for example charges you on a Friday. He can off course only take you to court the Monday Morning.

I almost also want to say if they Detain you on a Thursday. And the 48hour detain period expires on a Saturday.
They can keep you till the Monday before release. Which is the first working day in the 48 hour period.
Could be wrong on this one.

The highlighted section is wrong. You cannot detain a person without arresting him. In order for a police member to detain you he must inform you that he is placing you under arrest and why. He then takes you to the holding cells where you will be detained after the SAPS 14 (Cell Register) is completed. You get read your rights as an arrested person (You have the right to be informed of the reason for your arrest, you have the right to be contact a legal representative of your choice, you have the right to be visited by a spouse or partner or next of kin..., you have the right to be charged and brought before a court as soon as reasonably possible but not later than 48 hours after your arrest....etc, etc.)

Detention (Depriving freedom) of a person without having performed a legal arrest is one of two things: Illegal/wronfull arrest or kidnapping (Afr: Menseroof)

Arrest can not be done arbitrarily, there has to be a good reason (such as a suspicion that you committed a crime, you are a wanted person for whom a warrant of arrest has been issued etc.)

You can be detained for up to 48 hours after arrest, without being charged, but as soon as the 48 hours expire you must be released or immediately charged.

I know of a few instances where persons were not charged within the 48 hours and they were then released because the investigating officer failed to charge them (fucked around). (I was the policeman who released them)

I also know of (and personally know) people who were arrested and detained on made up charges or because a police member wanted to "show them who's the boss". They all received generous amounts...some so generously that they would gladly get arrested for bullshitt again.