Roadblocks and Your Rights

20 August 2017, 19:00

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Weve all been there you are headed home after a nice evening out with loved ones when, suddenly, ashing blue lights and
a police ofcer orders you pull to the side of the road roadblocks. Immediately, your palms start sweating, your heart rate
increases and you become anxious. But you have basic rights and you are allowed toexercisethem.
Heres what you need to know about your rights ataroadblock.

FIRST THINGS FIRST

There aretwokinds of roadblocks. The main difference between these two is the polices ability and right to search your
vehicle and person.

Informal roadblocks: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 nes. A search cannot
be performed without a warrant unless the ofcer can prove extraordinary circumstances.
K78 roadblocks:these roadblocks are approved by the National Police Commissioner. Police ofcers are allowed to
search your vehicle and your personwithout a warrant. These roadblocks are usually set up to nd a specic criminal
or vehicle already on their radar.

Whenever a police ofcer 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. Should the ofcer be unable to provide you with these
documents, you can legally prevent them from conducting a search.
WHATSave
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A police ofcer must be in full uniform when working at a roadblock. Ofcers are allowed to pull you over for any of the
following reasons:
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 To complete a routine check of the vehicle and the driver. Depending on the type of roadblock, they may request a full
search.
The driver committed a trafc offence like failing to stop at a stop street or speeding.
The vehicle is suspected to be stolen or the vehicle is believed to contain criminal individuals or contraband.

At an informal roadblock
The ofcer is legally allowed to do the following:

Request your drivers licence and ID.

Check for outstanding nes.
Check the vehicles licence disk and ensure the car is roadworthy.
If the ofcer requests to search the car, he/she must provide you with a copy of an ofcial warrant stating the reason
for the search. **

** Should an ofcer 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 ofcer believe any delays
would hamper a possible criminal investigation.
Should the ofcer suspect the driver is driving under the inuence, the following steps may be taken:

The driver may be requested to exit the vehicle.

A breathalyser testmay berequested. Should the driver refuse, the police can legally detain the driver and have blood
tests done at the nearest police station.

At a K78 roadblock
The police can do the following by law:

Search any vehicle or person without a warrant.

Seize items from the vehicle or person shouldthesebe illegal or suspected to be linked to a crime.
Should a police ofcer request to perform a body search, it is illegal for an ofcer of the opposite sex to search you.

A motorist can do the following by law:

Members of the public areat libertyto 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:
The date of the authorised roadblock
The duration of the roadblock
The purpose of the roadblock

OUTSTANDING FINES
The South African Constitution makes no provision for cops to insist on the payment of neson the spot. The only time you
are legally obliged to pay a ne immediately is when the ofcer can provide you with a copy of the ofcial warrant or
summons.

ARRESTS
Whenever you are stopped at a roadblock, the police are allowed to arrest you with or without a warrant under the following
conditions:

You are found to be driving under the inuence.

You have been driving recklessly, carelessly or dangerously.
Youare wilfully obstructing the roadway.
You are found to be driving with a cancelled or disqualied licence.
Police suspect you may have committed or are about to commit a crime.
You verbally or physically abuse an ofcer. Any racial slurs, threats, crude gestures or physical contact could result in
arrest. Also preventing an ofcer from doing their job is a criminal offence.
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IFYOU FEEL UNSAFE
access us whenever you need to.
Oftentimes, especially late at night, drivers feel a bit more wary about pulling over at a roadblock.Fortunately, there are steps
to follow should you feel at
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unsafe.It is important
menu button on the to remaintoolbar.
browser calm and rational
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to home
 Call 10111 and inform them that youre either being followed by a car with blue lights, or you feel unsafe pulling over
at a roadblock.
Provide the operator with a vehicle registration number if possible so they can verify whether the car is in fact a police
vehicle.
If youre 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 thatyou would like the police vehicle to follow you ensuring that you dont
exceed 40km/h.Drive to the nearest police station orpetrol station where youre in sight of people and CCTV
cameras.
Should you have already stopped at a roadblock, but feel threatened,you are at liberty toask the ofcer for their badge
number.
Calmly inform the ofcer that you wish to call 10111 to conrm their badge number. If the ofcer becomes agitated, it
is best toremain compliant.If necessary, you can submit a formal complaintat a later stage.

CAN I FILM THE POLICE?

Yes. Legally, you are allowed to lm or photograph police ofcers at a roadblock. It is also illegal for ofcers to conscate or
damage your recording equipmentorto force you to remove footage or images.

CAN I ASK FOR IDENTIFICATION?

Yes. Members of the public are legally allowed to ask a police ofcer to provide proof of identity by means of an identity card,
badge number and/or appointment certicate.
To report a case of police brutality or if you suspect someone to not be an ofcial ofcer, contact 10111 or submit a report to
theIndependent Police Investigative Directorate.
Sources: Automobile Association of SA, Arrive Alive, Criminal Procedure Act, Police Act

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