Info on rights - being pulled over by law enforcement

**Rudes** · 23-05-2012, 09:51

Have a look at the info on this link: http://www.enough.co.za/your-rights/

I cannot vouch for the correctness of the info but it seems to be from an authoritative source. Read it and use what you can.

Any comment from legal types about the correctness of the info ito SA law?

**white_ræbbit** · 23-05-2012, 10:17

At first glance it seems 100%. Will read it a bit more thoroughly when I have a chance.

**gilbody** · 29-09-2012, 18:52

I have been stopped at many road-blocks. (bad luck I think).
Mostly the police do not ask if you are armed. But one time the policeman did ask me and I immediately made sure both my hands were visible and replied "Yes officer I am legally armed". He immediately asked me to step out of the vehicle. When I did I kept my arms raised and insisted that he remove the pistol from the holster. We had been told about this in our competency class and I thought it made good sense. The last thing you want to do is be waving a FA around a policeman. Other policemen in the near vicinity could mistake what you are doing.
On a USA gunsite I read another thing that made good sense. A guy was saying that whenever he is pulled over when the officer asks for his drivers license he always will hand his drivers license and his FA license together. This way you are advising the officer that you are armed without saying anything like "Hey I have a gun on me" which may send the officer into a panic.

**BigT** · 29-09-2012, 19:03

Don't tell them unless they ask. Don't lie if they do. I prefer whenever possible to make guns safe before I hand them to anyone.

**Maroelas** · 29-09-2012, 22:15

This is Africa, so don't trust the cop to take your gun from your holster. He might just turn it on you!

**DirkB** · 29-09-2012, 22:19

I always ask them if I may remove it, I then take it out slowly, make it safe and then I hand it to the officer. I have been asked about 4 or 5 times and I have never had a problem. I also don't tell them that I have a weapon unless asked.

**mic** · 30-09-2012, 05:43

Originally Posted by DirkB

I always ask them if I may remove it, I then take it out slowly, make it safe and then I hand it to the officer. I have been asked about 4 or 5 times and I have never had a problem. I also don't tell them that I have a weapon unless asked.

Fully agree.

I also try to make the fa safe before showing it (on slide-lock) to them, so they can verify the serial number on my license card. I never hand it to them. I only show it to them.
Never had a problem with this.

**gilbody** · 07-10-2012, 21:25

All good advice.. Thanks.

**Phumba** · 07-10-2012, 22:55

Good advice but can’t help but question the following statement:

"If the person who is interacting with you is not in fact a real law enforcement officer but is instead a criminal posing as one, exactly the same rules apply. Any person – criminal or not – will find it considerably less easy to become aggressive with you if you do not provide them with what they perceive as a reason to do so"

My cousin was pulled over by a "blue light" gang earlier this year on a busy road between PE and Uitenhage. When he stopped the first "officer", dressed in SAP uniform, leaned into the vehicle with gun in hand and politely advised him that he was being hi-jacked. The second officer then assisted him out on the passenger side where he was searched and relieved of his wallet and cell phone whilst the first officer took his place behind the wheel. He remained calm and commented afterwards that he couldn’t believe how civil they were and how "normal" the situation must have appeared to passing motorists. He only realised he was in serious trouble when the first "officer" told his mate in Xhosa "to shoot him during the next break in traffic so that they can get going". As the guy turned to look towards the on-coming traffic for such a break he shoved him hard,fortunately causing him to fall, jumped the armco and ran for it.
In contrast, when I was “Bike-jacked” (don’t ask) my attackers were very aggressive and I thought more than once that I would be shot during the brief incident. I stayed calm and avoided looking at them and they left me alive (although they did strike, and as I realised later from a cut in my jacket, stabbed at me but fortunately my helmet and armored jacket with back-protector protected me).

I guess what I’m trying to say is that 8/10 times the above advice will be correct so don’t go and escalate a situation unnecessarily but don’t relax and be lulled into a false sense of security when things are civil.

On a lighter note. My cousin hated taking Xhosa as a third language and just passed it at school. After this incident he often jokes that it saved his life and has since become almost fluent in Xhosa. I’ve learnt that the biker’s ATGATT (all the gear all the time) motto does save injuries, and not just in an accident situations.