WHAT ARE YOUR RIGHTS WHEN A TRAFFIC OFFICER STOPS YOU?
By Shelton Mahandana
Introduction:
Being pulled over by a traffic officer can be a nerve-wracking experience, but it’s crucial to be aware of your rights to ensure a fair and lawful interaction. There are specific rights and guidelines designed to protect both drivers and law enforcement.
As per the guidelines provided by Arrive Alive, a differentiation exists between a roadblock and a roadside check.
A “roadblock,” as the term implies, is identifiable by law enforcement officials obstructing the road. These officials can include police or traffic officers, or a combination of both. The road is physically obstructed in either one or both directions, deliberately obstruct the normal flow of traffic.
The regulation of roadblocks falls under Section 13(8) of the South African Police Service Act, No. 68 of 1955.
Section 13(8)(a) provides:
- The written authorisation must specify the date, approximate duration, place and object of the proposed action.
- Proper signage, traffic cones, barriers, etc. must be placed near and or at the roadblock.
- Failure to stop for a roadblock is a criminal offence.
- Search and seizure without a warrant is authorised. You must cooperate and submit to such search and seizure. Evidence may be summarily seized.
- If caught on a roadblock you have the right to request the written authorization of constitutional rights or rights under the Criminal Procedure Act, No. 51 of 1977, are impacted. Law enforcement officials must promptly provide and present the authorization upon such a request.
Exceptions to the rules above
Despite the preceding information, a roadblock may, however, be set up and search and seize property or persons without obtaining prior authorisation, if there are reasonable grounds to suspect that:
- a person who has committed an offence in terms of Schedule 1 of the Criminal Procedure Act, who has been involved in the commission thereof is, or is about to be, travelling in a motor vehicle in a particular area;
- 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, or that such a warrant will be issued if the information at the disposal of the law enforcement official is brought to the attention of the magistrate, regional magistrate or judge, but that the delay in obtaining such warrant will defeat the object of the roadblock;
- a person who is reasonably suspected of intending to commit an offence 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;
- 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.
- any object which is concerned in; may afford evidence of; or is intended to be used in the commission of an offence 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 by a Court and that any delay in obtaining one will lead to the loss of the opportunity to act
And roadside checks are regulated by the National Road Traffic Act, No. 93 of 1996.
Knowing your rights during a traffic stop is essential for protecting yourself and ensuring a fair interaction with law enforcement. By understanding the applicable laws and guidelines, you can navigate these situations confidently and responsibly. Remember to stay calm, be aware of your rights, and seek legal advice if needed.
