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

Obeying an order

Policing 101 - Obeying an order

The police institution is a strict, discipline and hierarchical administrational system. This is revealed by the organizational chart and the mode of operations. This is so because, the hierarchical system, is a worthy system of management. It ought to be a strict discipline system; when you think of the nature seriousness, the level of danger and the magnitude of the responsibilities the police are expected to undertake. The primary objective of the police institution is to ensure, there is an acceptable level of calm within the community. It is therefore important that an extremely high standard of discipline exist among the membership of the police service or force.

Because the police services are paramilitary (Not full military), It is important that the institution have a higher than acceptable level of compliance exist within the ranks when compared to other institutions. To settle for less, can result in chaos even the loss of life (members of the community as well as the loss of police life). Policing is extremely serious and delicate in its operation.

 

What is an order? Or what are orders?

An order is a written or spoken directive or instructions that is giving to a junior by one who holds a senior rank.

Orders comes in several forms and are called by several names. It is incumbent on the officers that they update themselves with the different orders including the long standing orders. Keeping updated on the changes in such orders as well as the repeal of any such orders. The police officers are only obligated to obey: lawful orders. (I will address unlawful orders later)

Long standing orders:

Long standing order, are those orders that cannot be changed, added to, or repealed by a superior officer, but takes an act of the legislature or the parliament. Therefore, long standing orders are acts of parliament or legislature that forms laws which must be enforced. It is important to note that the legislator or the parliament are responsible for creating the operation mandate of the police. So we can now conclude that a long standing order are specific laws; of which the constitution is the supreme law of any sovereign land, country and or the state.

All Law enforcement officer have obligated to comply with the constitution. It is also important to understand that ever other law must be subjected to the constitution and any law that does not find subjection to the constitution can be deemed illegal.

Another type of long standing law are the, rulings made by a higher court Eg. The ruling of an appeal court that have not been challenge in higher court of appeal.

Another long standing order is The Police Regulations, Act, or similar law that may be called by different name. In that the Police regulations or acts are the law which secure the establishment of the institution and outline the rank system and powers as well as the legislative operation mandates for the institution.

Standing orders.

A standing order or policy; are written instructions that was formulated and approved by the management of the institution. Standing orders are design to correct operational errors, bad habits or it is may be designed to bring about a level of consistency in common practices and or procedure. Standing orders can be change, modify or repealed as is deemed necessary. In most institutions the change, modification or the repeal of such is only effective if they were published in the official police Gazette and bears the signature of the police commissioners or police chief.

Operational orders:

Operational orders are those orders that was handed down from a senior to a junior and may be verbal or written as it relate to the short term (the days, weeks) assignments, and may entailed,

1. Daily duties.

2 New assignments.

3. Special assignments, etc.

Unlawful order.

An unlawful order is any order that is arbitrary given and does not have a lawful authority to back up the execution of such order. Such acts may seeks to violate the rights of an individual or group. Each police officer must understand that while it is unlawful to knowingly give an unlawful order, the onus is on the junior officer, not to carry out any order that is deemed to be unlawful.

Therefore if any office is given an order that he or she deemed to be unlawful, it is the responsibility of the executing officer (the officer who is expected to carry out the order) to seek clarity by asking the right questions, he must know what is the lawful authority on which he is required to act. A senior or superior officer is not a lawful authority.

Let it be clear, no senior police officer (it matters not their rank) or any person (civilian) to whom a police officer is assigned to take instructions from, cannot arbitrarily order an officer to steal from, abuse, kill or to commit any crime or violate the rights of any person. If any officer is caught in such an unlawful act, he or she may be prosecuted to the full extent of the law and in such cases: "I was only following orders" is not a lawful defense. The person who knowingly give an unlawful order which when is carried out constitutes a crime, the order giver can be also prosecuted for aiding and abetting the commission of an offence.


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

Policing Explained

A police force or police service is a state run organization or institution that is responsible for the enforcement of local or state law, peacekeeping, crime prevention; as well as public safety education. Wrapped up in the forgoing sentence are key facets of a police organization; be it a force, a service, a department, etc.

I will take this opportunity to further explain the characteristics that were outlined in the opening paragraph, which should give you a better understanding of the obligations the police as an organization has to the community as a whole, the institution that makes up the community as well as the individuals.

The police organization is a state-sponsored institution that has a state-created mandate, which means, the police are financed by the state or local government under which they operate. The total operation, which includes: salaries, equipments, training and the core regulation under which they are asked to operate, is laid out by the state legislature. The difference between the police and other commercial institutions that perform similar service as the police are as follows:

1. The police are an establishment that was instituted by a lawful or legislative act of parliament.

2. The police find a prominent place for its establishment within the state constitution.

3. The authority that is awarded to the police is more intense and such authorities are protected by the law.

4. The police coordinate their activities in collaboration with the judicial and the penal systems.

5. The police are a not for profit government organization although fines that are collected as a result of police coordinated activities generate a hefty portion of the state’s operational budget.

The duties of the police:

The police as an institution have several critical responsibilities and when the organization is successful in fulfilling its mandate, it contributes to the maintaining of civility of the society.

The main duties of the police are to enforce or to ensure the law of the land is adhered to. The laws that the police are expected to focus upon are the criminal laws and other legislation, which, if ignored, can cause societal chaos; laws such as the traffic laws and/or regulation. If such laws are ignored, it can adversely affect the smooth functioning of the many facets of the society. All of the other responsibilities of the police are hinged upon ensuring the community’s adherence to the law.

1. Prevention: The primary police function is to ensure that the law of the land, criminal and other, is not violated. The police can best ensure this via two means: education and a visible police presence. When the community is educated about the law and the reason for the law, the members of the community find a greater appreciation for the law and compliance to the same. In the same process, when there is a visible police presence, would be offenders are given a visible and valid reason not to breach the law.

2. Maintain Peace: another of the police obligations to society is to ensure that peace is maintained. There may be activities that may cause a breakdown in the community’s peace without causing a breach of the law. However, such activities may infringe on a person’s rights as a member of the community. In such cases it is the police responsibility to create an atmosphere where the parties involved can exercise their opposing rights without infringing on the rights of another; in such cases the police are required to work out a compromise between the parties involved.

3. Investigate reports: when an offence (crime or other unlawful violation) is or was committed or there was an allegation that an offence was committed, it is the police responsibility to investigate such offences. They will look into the matter to verify whether an offence was actually committed, who was responsible for committing the offence and the level of culpability that can be attributed to the offender.

4. The arrest (if the breach of the offence requires such), lawful processing and prosecution of culpable offenders.

It will be important to note that the authority, procedures and the terms of operation of the police institution is stipulated by law and no agent of the police are authorized by instruction or otherwise to function outside the perimeter of the laws which governs his or her conduct.

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

The Burden of Proof

Although the burden of proof is a matter that is left up to the court system to determine and it is the prosecution team that has the responsibility to prove that an individual had committed the offence for which he or she was charged and they must do so beyond a reasonable doubt, when the police are in the process of investigating a matter, they must do so with the view to collecting as much evidence as possible, to equip the prosecuting team with the weapon to prove the case beyond a reasonable doubt, thus satisfying the burden of proof.

It is the ideal to have the evidence to that effect. However, to provide the minimum is all that is really required; and that is being able to collect enough evidence to prove that the accused person had reasonable motive, reasonable opportunity, just cause and he can be placed within the vicinity at the approximate time of the incident.

We must always remember, in the prosecution or defence effort to prove or disprove a case, word that comes into play is "reasonable". The objective of the prosecution is not only to present evidence to prove that the accused person had motive, cause, opportunities and access but they must also tie into their case the actions of the accused person was irrational or unreasonable. In other words, the actions of the accused person were not what can be expected from reasonable people under the same circumstances. They may prove the actions were excessive or irrational and it was the accused person’s intention to do what they did. Did he or she have reasonable cause, motive, opportunities and access to have done the crime?

In the same manner a person against whom there is overwhelming evidence to suggest that they have committed a crime may be acquitted if his actions were or could be considered reasonable.

In other words, when there is overwhelming evidence that the accused person actually did what he or she was accused of doing, then the defense and the prosecution team get engaged in a battle over the reasonableness of the actions that led to and constituted the specific crime or crimes. In such cases, based on the evidence presented, the jurors are asked to make a presumption of the innocence or guilt of the accused person.

It is important to note that the police are the trained evidence gatherers and they best represents this role when they have a working understanding of how this work affects what happens in the court of law. The police must also understand that it is their investigative skills and painstaking evidence collection that is responsible for making the prosecuting lawyers look professional.

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

Entertaining Reports

It is no secret that we are living in a troubled world and because of this well known fact there are valid reasons for the existence of the police as an institution within the community.

One of the services the police provide is that they entertain reports from an injured party (a victim or complainant) or on behalf of an injured party (in this case the reporting person is called the complainant).

Another of the responsibilities of the police is to investigate offences that are committed or are alleged to have been committed. With this in mind, when a report is made or the police receive information that an offence has been committed, be it a criminal offence or a non-criminal offence, the first responsibility of the officer entertaining the report is to verify whether an offence has been committed. He does so by listening to the story of the complainant. After the officer has verified that an offence was actually committed, he must then classify the offence; he must thus determine if the offence was a criminal or non-criminal offence. The officer is then required to follow the law, the institution's (police) policy, or institution’s standing orders in dealing with the matter.

The officer has the obligation to inform the complainant of the legal term of the offence, and the type of and possible course of action the police could lawfully take against the offender on behalf of complainant or injured party (the party who was wronged), which may include advising the injured party to take other private actions on his own; such as civil litigation to recover financial damages, etc.

The next step will depend on the type of offence, and the seriousness of the offence that was committed. Let’s say, for example, the offence was a misdemeanour and the level of the damage was small, e.g. a brushed ego. The injured party may just want to lodge a report with the police for a matter of record.

After outlining the possible actions the police can take on the victim’s behalf, the police should then find out what course of action the complainant would like them to take on his or her behalf. It is important to note that such actions can vary from full prosecution, to the issuing of a warning not to cause a re-occurrence of the incident, or the victim may derive satisfaction from the act of making a report to the police against the offending person.

With that said, however, in instances where an offence was committed and the injuries and or loss to the complainant or victims are great, then the officer must consider a more meaningful course of action. In this case, meaningful course of action may mean or involve taking actions to:

• Immediately resolve a resolvable problem,

• Prevent the escalation of the problem.

• Ensure that offender(s) is brought to justice.

• Or any other course of actions that may be appropriate in restoring the harmony within the community.

In some jurisdictions, the injured party’s wishes on all offences must be followed, but in other jurisdictions there are certain offences that, once reported, the injured party cannot withdraw the matter -- offences such as those of a domestic nature, or offences against children. Such offences are always investigated with a view to imminent prosecution.

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