It’s late at night and you’re driving home when flashing blue lights appear ahead – another roadblock. Your heart races even though you’ve done nothing wrong. What are the police allowed to do? More importantly, what are your rights?
Your Rights When Stopped at a Roadblock
Getting pulled over at a roadblock can feel intimidating, but knowing your rights can make the experience less stressful. From the outset, you have a constitutional right to be treated with dignity.
Police officers must conduct themselves professionally and may not intimidate, harass or discriminate against you.
Every police officer on duty must carry official identification. If you’re pulled over, you have the right to ask for the police officer’s appointment certificate, which should reflect their name, rank, and photograph. This is especially important if the officer is in plain clothes, as it helps confirm their legitimacy. You also have the right to ask about the roadblock’s purpose. The police officer must be able to tell you if it’s a routine traffic check, a crime prevention operation, or a targeted law enforcement initiative. If you suspect something is off, take note of the location, officers involved, and any unusual behaviour.
Can the Police Search You or Your Car?
In most cases, police need a search warrant to search your vehicle. However, at officially approved roadblocks, they are allowed to conduct searches without one. At informal roadside checks, they need either your consent or have a reasonable suspicion. For instance, if an officer notices a strong smell of alcohol or drugs coming from your vehicle, sees suspicious packages in plain sight or observes nervous or evasive behaviour when questioning you, they may have reasonable suspicion to conduct a search and subject you to a breathalyser test. If you feel a search is unlawful, don’t resist physically; instead, document the incident and contest it later through legal channels.
What You Must Do at a Roadblock
While you have rights, you also have legal obligations. Failing to stop when instructed is a criminal offence and could lead to fines or even arrest if police believe you are evading law enforcement.
When asked, you must provide:
- A valid driver’s license.
- A current vehicle license disc displayed on your windshield.
Police may issue lawful instructions regarding vehicle roadworthiness or suspected offences. If you believe an order is unlawful, you have the right to question it. However, it is advisable to remain calm and avoid confrontation. Instead of refusing outright, comply where necessary and contest the matter later through the appropriate legal channels.
What Police Are Not Allowed to Do
Despite their authority, police officers have limits within which they may operate. They may not:
- Conduct random searches without reasonable suspicions or your consent at unofficial roadblocks;
- Demand or solicit bribes under any circumstances;
- Use physical force unless necessary for safety or to prevent an escape;
- Force you to pay outstanding fines on the spot;
- Confiscate your driver’s license or vehicle license disc without justification;
- Verbally or physically abuse you.
If an officer oversteps their authority, you can report them to the Independent Police Investigative Directorate (IPID) or potentially institute a civil claim against them. Gather as much information as possible, including their name, badge number, and the location of the incident.
Recording Your Interaction with Police
Many South Africans don’t realise that they have the legal right to record their interactions with police, as long as it doesn’t interfere with law enforcement duties. If you choose to record, it’s a good idea to inform the officer to prevent unnecessary conflict. Video evidence can be valuable if you later need to report misconduct.
At the end of the day, knowledge is power. The more you understand your rights, the less likely you are to be taken advantage of. So next time you see those flashing lights, take a deep breath – you’ve got this. Stay calm, comply with lawful requests, and if something doesn’t feel right, document it and seek legal advice. Your rights matter, and asserting them respectfully can make all the difference.
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writer nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
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