# Powers of the police to question:
* The police may question anyone without arresting the person.
* You must produce your ID book and give your name and address if
asked to do so. To refuse is an offence.
* You may ask the police officer to show his/her identity
document.
* The police may ask any other questions they wish but you do have
the right to refuse to answer.
* The police may ask you to accompany them to the police station.
Again, you have the right to refuse but then they may decide to arrest
you.
* If you are arrested you must go with them to the police station;
however you may refuse to make a statement unless a lawyer is present.
# Powers of the police to search and seize:
* You have the right to privacy of you body and belongings.
However if the police need to search and seize evidence they may
do so in two ways:
1. With a search warrant.
o This is the legal permission to search and is
usually signed by a magistrate.
o It must describe the person or place to be searched
and the items to be seized.
o You can demand to see the search warrant.
o The search must be carried out in the day unless the
warrant specifies that they may search at night.
2. Without a warrant:
The police do not need a warrant if:
o You agree to be searched.
o They think that the delay in getting a warrant from
the magistrate will give you time to destroy evidence.
o You are being arrested.
o The search is at a roadblock but they think there
are grounds for a warrant to be issued.
o You are suspected of having illegal items e.g.
drugs, dagga, illegal liquor, guns, ammunition, etc with you.
o They think that you have information that can help
with an investigation.
* The police can use force to enter your property if you refuse to
allow them in.
* Policemen may only search men. Women can only be searched by
policewomen. Policemen may also ask any other women to do the search
if a policewoman is not available.
* Should you be unlawfully searched or if you are abused by the
police you can sue the Minister of Safety and Security.
# Powers of the police to arrest:
* The police may only arrest you if you are a suspect or if they
want to lay a charge.
* You can be arrested in two ways:
1. With a warrant of arrest: Usually signed by a magistrate.
2. Without a warrant of arrest in certain circumstances. A
few of such examples are:
o You try to escape
o re caught red-handed.
o They think you have committed a serious crime.
o You are under the influence of drugs or alcohol.
o If they think you have unlicensed guns or ammunition
or other dangerous weapons
o You broke the conditions of a suspended sentence.
* Making a lawful arrest:
o Police must tell you that you are under arrest.
o Have physical control over you.
o Tell you why they are arresting you.
o The police may use force if you fight or attempt to run
away.
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