Yes, Officer, I did see the speed limit sign. I just didn’t see you!
– Unknown
What are your rights when stopped at a road block? Do you know them, why do you need to know them? Given the current state of corruption within our police force, facing a roadblock can often be quite daunting even if you are perfectly ‘legal’. It is always good to know your rights and how you can exercise them, however equally important is remembering to keep a clear head and to remain calm (no matter how provoking the situation).
When stopped at a roadblock, you have the right to see the appointment certificate of the officer who issues you a fine. If they refuse to show this to you do not get into an argument, rather remain polite and continue with the process (noting names and faces). Their refusal to show you their appointment certificate is an offence and this can be used by you at a later stage (if necessary) as everything they do afterwards becomes unlawful.
Do not refuse to give your name and address, if requested (your co-operation now could save you hours of frustration later).
Do not be coerced into paying outstanding traffic fines. Whilst they may threaten you with arrest there is no provision in our laws for the demanding of payment of fines at roadblocks. They may however issue you with a summons to appear in court. If the police at a roadblock insist on payment there and then or they attempt to arrest you for non-payment of fines, do not resist arrest in any way (they are legally allowed to use force to effect an arrest if you do not co-operate). If you owe a traffic fine, pay it, to avoid unnecessary incidents at roadblocks. Note: It is a different matter altogether if a warrant of arrest has been issued, .
Arbitrary searches of you and/or your possessions is unconstitutional. At an informal / random roadblock, if the police wish to search you and/or your possessions they must have good cause to conduct a search (i.e. believe you have been involved in committing a crime). However, at a properly constituted roadblock (approved by the commissioner i.e. a K78 roadblock), search and seizures are globally authorized prior to the roadblock being set up, and are legal.
5 Additional facts you should know about your rights
- A female officer cannot search a male and male officer cannot search a female.
- You cannot be forced to go to another location unless officially arrested (then you must be taken directly to a police station)
- You can refuse a breathalyzer test BUT if you do, the police have grounds to arrest you and perform blood tests ( Don’t drink and drive!)
- You must be given information in a language you understand
- You do not have the right to demand to see proof of service of a summons at a roadblock (you do have the right to access this information at a later stage)
Know your rights BUT be prudent when exercising them at a roadblock
Related Links
Know your rights | When stopped by the police
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