What are your rights when pulled over by police?

Being pulled over by police unexpectedly can be very scary, especially when you have family in the car.

Knowing your rights when a metro or police officer pulls you over to the side of the road, whether it’s a formal or informal roadblock is very important.

“Your rights in regards to being pulled over all depends on the situation,” says Captain Coba Brits of the Villieria police station.

She adds that being vigilant and taking note of all that is happening is always beneficial.

Take a look at the following rights you have as a South African citizen when you are pulled over by police:

– Be sure that the police vehicle pulling you over is marked correctly and easily identifiable as a police car.

– If you are driving in a dark, badly-lit area, slow down and indicate with hazard lights that you are driving to a well-lit, public area before stopping.

– You have the right to ask the officer for identification.

– A police officer has the right to stop any vehicle at any time.

– The police officer has the right to ask for the driver’s name, address and any particulars concerning the driver’s identity.

– Metro police officers are not permitted to search a person or a vehicle without a warrant unless the officer can prove extraordinary circumstances in a court of law.

– Male police officers are not allowed to physically search female drivers and vice versa. You have the right to request a female officer to search your person and are allowed to wait in the car until she arrives.

– If an officer can’t provide the driver with identification or an appointment card, is contravening the Criminal Procedures Act and the driver will be able to take legal action.

– Always be sure to take note of the officer’s name on his/her name badge.

– You have the right not to stop for any police officer who is not in a police uniform, or if no marked vehicle is visible.

– A police officer has the right to terminate an unroadworthy vehicle immediately when providing motivation.

– A roadworthy car can only be confiscated if the officers have a strong suspicion that the driver has been involved in a crime, and a warrant has been issued by a magistrate. This does not apply for official roadblocks where necessary warrants have already been obtained.

– If a driver is arrested, the driver has the right to see a copy of the warrant of arrest beforehand. If there’s no warrant for your arrest, you have the right to refuse being placed under arrest. The officer may, however, detain the driver at the scene for a considerable amount of time to obtain the warrant.

– If a driver is arrested, the officer must transfer you directly to the police station and may not drive around with the driver in the back of the vehicle.

– You have the right to be brought before a court within 48 hours of your arrest.

“Many of your rights are not absolute and may be restricted if there is a reasonable reason. This is contained in Section 36 of the Constitution,” according to Arrive Alive.

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