{"id":37566,"date":"2023-05-04T02:00:00","date_gmt":"2023-05-04T00:00:00","guid":{"rendered":"https:\/\/psymedia.co.za\/?p=37566"},"modified":"2024-01-13T06:17:07","modified_gmt":"2024-01-13T04:17:07","slug":"roadblock-and-your-rights","status":"publish","type":"post","link":"https:\/\/psymedia.co.za\/roadblock-and-your-rights\/","title":{"rendered":"Roadblocks in South Africa and your Rights"},"content":{"rendered":"\n<p>We\u2019ve all been there \u2013 you are headed home after a nice evening out with loved ones when, suddenly, flashing blue lights and a police officer orders you pull to the side of the road \u2013 roadblocks.<\/p>\n\n\n\n<p>Immediately, your palms start sweating, your heart rate increases and you become anxious. But you have basic rights and you are allowed to&nbsp;exercise&nbsp;them.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"types-of-roadblocks\" title=\"Types of roadblocks\">Types of roadblocks<\/h2>\n\n\n\n<p>There are&nbsp;two&nbsp;kinds of roadblocks. The main difference between these two is the police\u2019s ability and right to search your vehicle and person.<\/p>\n\n\n\n<p>Whenever a police officer requests to search your vehicle or person, you are legally allowed to ask them to provide you with a warrant or authorisation from the National Police Commissioner.<\/p>\n\n\n\n<p>Should the officer be unable to provide you with these documents, you can legally prevent them from conducting a search.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"informal-roadblocks\" title=\"Informal roadblocks\">Informal roadblocks<\/h3>\n\n\n\n<p>These roadblocks usually pop up on major roads and off-ramps. Their primary goal is to curb drunken driving, speeding or unroadworthy vehicles. They also usually check for outstanding fines. A search cannot be performed without a warrant unless the officer can prove extraordinary circumstances.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"k78-roadblocks\" title=\"K78 roadblocks\">K78 roadblocks<\/h3>\n\n\n\n<p>These roadblocks are approved by the National Police Commissioner. Police officers are allowed to search your vehicle and your person&nbsp;without a warrant. These roadblocks are usually set up to find a specific criminal or vehicle already on their radar.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-the-police-can-do\" title=\"What the police can do\">What the police can do<\/h2>\n\n\n\n<p>A police officer must be in full uniform when working at a roadblock. Officers are allowed to pull you over for any of the following reasons:<\/p>\n\n\n\n<ul>\n<li>To complete a routine check of the vehicle and the driver. Depending on the type of roadblock, they may request a full search.<\/li>\n\n\n\n<li>The driver committed a traffic offence like failing to stop at a stop street or speeding.<\/li>\n\n\n\n<li>The vehicle is suspected to be stolen or the vehicle is believed to contain criminal individuals or contraband.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><u>At an informal roadblock<\/u><\/h3>\n\n\n\n<p>The officer is legally allowed to do the following:<\/p>\n\n\n\n<ul>\n<li>Request your driver\u2019s licence and ID.<\/li>\n\n\n\n<li>Check for outstanding fines.<\/li>\n\n\n\n<li>Check the vehicle\u2019s licence disk and ensure the car is roadworthy.<\/li>\n\n\n\n<li>If the officer requests to search the car, he\/she must provide you with a copy of an official warrant stating the reason for the search. **<\/li>\n<\/ul>\n\n\n\n<p>** Should an officer have reasonable grounds to perform a search without a warrant, and he\/she can prove this in the court of law at a later stage, he\/she may perform a search. A search can also be performed should the officer believe any delays would hamper a possible criminal investigation.<\/p>\n\n\n\n<p>Should the officer suspect the driver is driving under the influence, the following steps may be taken:<\/p>\n\n\n\n<ul>\n<li>The driver may be requested to exit the vehicle.<\/li>\n\n\n\n<li>A breathalyser test&nbsp;may be&nbsp;requested. Should the driver refuse, the police can legally detain the driver and have blood tests done at the nearest police station.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><u>At a K78 roadblock<\/u><\/h3>\n\n\n\n<p>The police can do the following by law:<\/p>\n\n\n\n<ul>\n<li>Search any vehicle or person without a warrant.<\/li>\n\n\n\n<li>Seize items from the vehicle or person should&nbsp;these&nbsp;be illegal or suspected to be linked to a crime.<\/li>\n\n\n\n<li>Should a police officer request to perform a body search, it is illegal for an officer of the opposite sex to search you.<\/li>\n<\/ul>\n\n\n\n<p>A motorist can do the following by law:<\/p>\n\n\n\n<ul>\n<li>Members of the public are&nbsp;at liberty&nbsp;to ask for a copy of the written authorisation letter given by the National Police Commissioner. The authorisation letter must provide the following information to make it valid:\n<ul>\n<li>The date of the authorised roadblock<\/li>\n\n\n\n<li>The duration of the roadblock<\/li>\n\n\n\n<li>The purpose of the roadblock<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"outstanding-fines\" title=\"Outstanding Fines\">Outstanding Fines<\/h2>\n\n\n\n<p>The South African Constitution makes no provision for cops to insist on the payment of fines&nbsp;on the spot. The only time you are legally obliged to pay a fine immediately is when the officer can provide you with a copy of the official warrant or summons.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"being-arrested-at-a-roadblock\" title=\"Being arrested at a roadblock\">Being arrested at a roadblock<\/h2>\n\n\n\n<p>Whenever you are stopped at a roadblock, the police are allowed to arrest you with or without a warrant under the following conditions:<\/p>\n\n\n\n<ul>\n<li>You are found to be driving under the influence.<\/li>\n\n\n\n<li>You have been driving recklessly, carelessly or dangerously.<\/li>\n\n\n\n<li>You&nbsp;are wilfully obstructing the roadway.<\/li>\n\n\n\n<li>You are found to be driving with a cancelled or disqualified licence.<\/li>\n\n\n\n<li>Police suspect you may have committed or are about to commit a crime.<\/li>\n\n\n\n<li>You verbally or physically abuse an officer. Any racial slurs, threats, crude gestures or physical contact could result in arrest. Also preventing an officer from doing their job is a criminal offence.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"feeling-unsafe-at-a-roadblock\" title=\"Feeling unsafe at a roadblock\">Feeling unsafe at a roadblock<\/h2>\n\n\n\n<p>Oftentimes, especially late at night, drivers feel a bit more wary about pulling over at a roadblock.&nbsp;Fortunately, there are steps to follow should you feel at all unsafe.&nbsp;It is important to remain calm and rational at all times.<\/p>\n\n\n\n<ul>\n<li>Call 10111 and inform them that you\u2019re either being followed by a car with blue lights, or you feel unsafe pulling over at a roadblock.<\/li>\n\n\n\n<li>Provide the operator with a vehicle registration number if possible so they can verify whether the car is in fact a police vehicle.<\/li>\n\n\n\n<li>If you\u2019re unable to get through to the 10111 call centre, slow down as much as you can, switch on your hazards, open your window and indicate with your arm that&nbsp;you would like the police vehicle to follow you \u2013 ensuring that you don\u2019t exceed 40km\/h.&nbsp;Drive to the nearest police station or&nbsp;petrol station where you\u2019re in sight of people and CCTV cameras.<\/li>\n\n\n\n<li>Should you have already stopped at a roadblock, but feel threatened,&nbsp;you are at liberty to&nbsp;ask the officer for their badge number.<\/li>\n\n\n\n<li>Calmly inform the officer that you wish to call 10111 to confirm their badge number. If the officer becomes agitated, it is best to&nbsp;remain compliant.&nbsp;If necessary, you can submit a formal complaint&nbsp;at a later stage.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"filming-the-police-at-a-roadblock\" title=\"Filming the police at a roadblock\">Filming the police at a roadblock<\/h2>\n\n\n\n<p>Legally, you are allowed to film or photograph police officers at a roadblock. It is also illegal for officers to confiscate or damage your recording equipment&nbsp;or&nbsp;to force you to remove footage or images.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"asking-the-police-for-identification\" title=\"Asking the police for identification\">Asking the police for identification<\/h2>\n\n\n\n<p>Members of the public are legally allowed to ask a police officer to provide proof of identity by means of an identity card, badge number and\/or appointment certificate.<\/p>\n\n\n\n<p>To report a case of police brutality or if you suspect someone to not be an official officer, contact 10111 or submit a report to the&nbsp;Independent Police Investigative Directorate.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Know your rights when stopped by police in South Africa.<\/p>\n","protected":false},"author":568,"featured_media":131891,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5439],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/posts\/37566"}],"collection":[{"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/users\/568"}],"replies":[{"embeddable":true,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/comments?post=37566"}],"version-history":[{"count":1,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/posts\/37566\/revisions"}],"predecessor-version":[{"id":136342,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/posts\/37566\/revisions\/136342"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/media\/131891"}],"wp:attachment":[{"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/media?parent=37566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/categories?post=37566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/psymedia.co.za\/wp-json\/wp\/v2\/tags?post=37566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}