Actually, SAPS has a right to search anyone they reasonably believe is involved in criminal activity. If the man in the back of the police van had pointed out the person walking the streets in Obs as someone he has sold drugs too, the police had every right to search that person whether or not that person gave permission.
There is a very useful article on the blog Constitutionally Speaking about this. Here are the two relevant paragraphs: "The Criminal Procedure Act allows the police to search any person or any “container or premises” of that person without a search warrant. It also allows the police to seize any article reasonably believed to have been used to commit a crime or that is reasonable believed to be evidence that could assist the state in proving that a crime was committed. This can be done only if the owner gives consent for the search or if the police officer has reasonable grounds to believe that a search warrant would have been issued and a delay in conducting the search would have defeated the purpose of the search and seizure operation. This means that a police officer can search you personally or can search your car or house – even when no search warrant was obtained and even when you did not give permission for such a search – but only when he or she has a reasonable suspicion that you have committed a crime or are hiding evidence that could prove that you (or others) are guilty of a crime. So, if a police officer stops your car and the sweet smell of dagga wafts from the car, that police officer can search your car to try and find any dagga you might be hiding – even without first obtaining a search warrant to do so." You can read the rest of the article here: http://constitutionallyspeaking.co.za/can-the-police-search-your-car-without-a-warrant/ Sent from my iPhone > On 03 Oct 2013, at 3:06 PM, Ursula Van Stavel Coo <[email protected]> wrote: > > O my word the Police is actually doing something about the drugs in Obs. > > If you were harassed then i would suggest you call the Department of > Community Complaints line.They deal with complaints against SAPS.The number > is 021 483 43332. > > >> On Thu, Oct 3, 2013 at 1:35 PM, Trevor Hughes <[email protected]> wrote: >> Ivan >> >> I have experienced the same thing twice. Once I mad an official complaint >> and it was handled by then Station Commander van der Riel and it even cam >> down to asking me if I wanted to press charges - which I did not. The second >> time I approached the CPF Chair who declined to do anything and I did not >> take it further. >> >> If you want to take it further make a complaint and I would start with the >> Station Commander of Woodstock as these plain clothes guys likely fall under >> him. I would also notify the CPF. >> >> Yo are quite right they had no right to search you. You probably did the >> right thing although on both instances I stood my ground and WAS NOT >> SEARCHED. You have to try and read the situation. In any event I would never >> give permission to be searched. I would not physically stop them searching >> me as that could lead to and escalation. You have the right to see their ID >> cards (and a chance to properly read them). I would then say to them that >> they have no permission to search me but let them go ahead while repeating >> the same. If you consent to a search then you are on your own. Once you have >> given consent then you are giving up your right not to be searched. If you >> are arrested (no matter how bogus the charge and situation) they have the >> right to search you - but they need to tell you the charge. A popular charge >> with the SAPS Woodstock is "Failure to comply" something they use on the >> homeless all the time. Who knows what that really means. I hardly doubt they >> can legally and validly arrest you for Failure to comply with an illegal >> search. They could ask you to go the the station which you would not have to >> do unless arrested. You might be arrested at that stage on some or other >> charge. Likely you will then attend court and and no charges will be brought >> it will be thrown out - thereby making none other than a punishment meted >> out by the poilce - worse if this happens on a Friday as you could sit for >> the whole weekend. >> >> Goodluck >> >> Trev >> >> -- >> OPS [Obsid Public Safety] - 24/7 control room >> ---------------------------------------------- >> 021-447-1066 072-063-1653 >> >> For all emergencies please dial 10111 >> >> ---------------------------------------------- >> ONW: 082 081 0142, ONW email: [email protected] >> WEB: www.obswatch.org.za >> ---------------------------------------------- >> >> You received this message because you are subscribed to the Google Groups >> The Observatory Neighbourhood watch group. To post to this group, send email >> to [email protected]. To unsubscribe from this group, send email to >> [email protected]. For more options, visit this group at >> https://groups.google.com/d/forum/obsnw?hl=en >> --- >> You received this message because you are subscribed to the Google Groups >> "The Observatory Neighbourhood watch" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> For more options, visit https://groups.google.com/groups/opt_out. > > > > -- > > Kind regards > > Ursula van Stavel > Chief Operating Officer > Observatory Improvement District OBSID) > > Tel. 021 4487090 > Fax :0866394005 > Cell: 0813454285 > > Address: 41 Station Road,Observatory,Cape Town ,7925 > -- > OPS [Obsid Public Safety] - 24/7 control room > ---------------------------------------------- > 021-447-1066 072-063-1653 > > For all emergencies please dial 10111 > > ---------------------------------------------- > ONW: 082 081 0142, ONW email: [email protected] > WEB: www.obswatch.org.za > ---------------------------------------------- > > You received this message because you are subscribed to the Google Groups The > Observatory Neighbourhood watch group. To post to this group, send email to > [email protected]. To unsubscribe from this group, send email to > [email protected]. For more options, visit this group at > https://groups.google.com/d/forum/obsnw?hl=en > --- > You received this message because you are subscribed to the Google Groups > "The Observatory Neighbourhood watch" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > For more options, visit https://groups.google.com/groups/opt_out. -- OPS [Obsid Public Safety] - 24/7 control room ---------------------------------------------- 021-447-1066 072-063-1653 For all emergencies please dial 10111 ---------------------------------------------- ONW: 082 081 0142, ONW email: [email protected] WEB: www.obswatch.org.za ---------------------------------------------- You received this message because you are subscribed to the Google Groups The Observatory Neighbourhood watch group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at https://groups.google.com/d/forum/obsnw?hl=en --- You received this message because you are subscribed to the Google Groups "The Observatory Neighbourhood watch" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. For more options, visit https://groups.google.com/groups/opt_out.
