All you need to know about warrants of arrest

If you're stopped at a road block and confronted by a peace officer (traffic official) with a warrant for your arrest, you should take note of the following:

• You are entitled to see a copy of the warrant

• The warrant being shown to you does not have to be an original

• Being detained while a copy is being fetched, amounts to unlawful arrest

• You ought not to resist arrest as peace officers are entitled to use the necessary force.

Upon your arrest you must be taken to the stipulated holding place as soon as possible. With regard to this you must bear in mind that:

• There is no legislated time frame, therefore the reasonableness will depend on the facts

• Being taken to a place other than the one stipulated in the arrest warrant is, however, an issue which can only be taken up at a later stage.

The constitution provides certain rights to arrest people and you must be informed of these. If you are not informed of them, you needn't raise the matter there, do so later. When detained at a police station, you will be provided with a document notifying you of your constitutional rights. This does not ratify the failure to notify you of your rights upon your arrest (if that is the case) and you ought to sign it.

When you are being fined or arrested, you have the right to ask to see the appointment card of the arrestor. If they refuse, they commit an offence which has the effect of rendering their subsequent acts unlawful.

Take note, however, that there is no legislative imperative for them to wear any name badges, therefore you must avoid any argument pertaining to this.