What are my rights

It is every citizen’s rights to ensure that their rights are not violated by anyone especially the police. This can be done and must be done in a manner that is calm, and one that inspires dialog. When we are dealing with the police we must first remember that the police are not our enemies but a friend of the community. We must also never forget that the police are a reflection of the community from which they came. Therefore there are some unprofessional, dishonest unethical and there are good men and women who give their very best when the serve the community.

When you are stopped by the police, the officer has an obligation to you, to first bring to your attention his reason for stopping you before he do anything else. His reason for stopping you must falls into one of the following category.

1.       He saw you committed an offence be it a minor infraction, such as a traffic violation for which he do not have the authority to arrest you, a misdemeanor or a felony. Which may give him the power to effect an arrest. As long as a police officer saw you in violation of any law, he has the authority to stop you and verify your identity at the lease.

2.       If someone makes a report against you, for some unlawful offence, it matters not the offence.

3.       If your actions and behavior are as such that lead the officer to believe that you may have just committed an offence or that you have intention to commit an offence.

4.       If your lawful behavior are as such that pose a threat to yourself and other community members

5.       To provide you with information that he thing you may be in need of. To alert you of possible hazard, impending danger, etc.

6.        

Note: In cases of bullet point number 5 the police may request identification if the information he has is person specific. However the people are under no obligation to satisfy the officer’s request.

It is important to note, if any person is stop by the police and before the police bring to their attention his reason for stopping them, but proceed to asked for identification, then there are reason for concern. It may very well mean that that officer is unprofessional and do not care to follow department policies and the law. That police officer may have the disposition for violating the rights of others.

It is up to the individual who was stopped to simply asking him or her, (Police Officer), why did you stop me? The actions or lack thereof of the person that was stopped must therefore be in contravention to one of the under mentioned for points.

1.        They have contravenes of broke any section of the law.

2.        Someone has made some lawful report against the person who was stopped. It must be noted here that is do not matter the degree of the alleged offence that constitutes the report.

3. They act (ed) (ing) in a manner that arouse suspicion and give the officer reasonable grounds for suspecting that:

a. You have just committed a crime,

b. You are wanted for something by the law enforcement authority and the person is trying to avoid detection and apprehension is not right.

c. You are planning or about to commit a crime.

3.        When your lawful actions may pose a threat to other members of the public.

If the officer reason for stopping an individual do not fall within the above points then the person who was so stopped, is not obligated to comply with any order and or instruction of a police officer until they verify that the police have some lawful authority for stopping him or her.

It is incumbent on the police to ensure that they follow the law, standing service order that set out the protocol on stop and search. The laws, and standing service order, are put into place to ensure that the police officer in the execution of his lawful duty; do not become unknowingly unlawful because he have violate an individual civil or constitutional rights.

Please note: the information in these articles are no substitute for professional legal advise