Enforce police bodycam use to shield motorists from illegal searches
ATTORNEY-AT-LAW BERT Samuels has flagged what he says are clear abuses of the rights of citizens through illegal spot-checks carried about by the police and is calling for the government to equip lawenforcers with body cameras which could help to prevent violations.
“Let no one tell you that the Road Traffic Act allows the police to search your vehicle and also to search your documents,” Samuels said at a fair staged this month by the Norman Manley Law School Legal Aid Clinic.
“The police can only request documents and driver’s licence on a basis similar to that [under] which they exercise the power of search. That is, they entertain reasonable suspicion that a crime is committed or about to be committed.”
The attorney said his position was supported by a Supreme Court ruling, the Constitution, and Section 13 of the Constabulary Force
Act.
“Reasonable suspicion is a prerequisite for a search of documents, motor vehicle or your person.
We are not living in a police state. We are living in a state governed by the Constitution. So, we have the right not to be searched. And the State should not indulge itself in a breach of our rights not to be searched,” Samuels added.
FISHING EXERCISE
Stressing that a lawful search carried out by the police could not be carried out in the absence of reasonable suspicion, Samuels said that checks which were not intelligence-driven would be tantamount to fishing expeditions.
“It would be naive of you and simple-minded to assume that police officers who stop a citizen’s vehicle will ask, ‘Can I have permission to search your vehicle?’ That is preposterous. So, on a dark night on a poorly lit road, a citizen who is asked by armed police officers and soldiers for a search might totally resist the temptation to enquire, ‘What is your reasonable suspicion in making this request?’” he remarked.
Addressing growing calls for the police to wear body cameras, Samuels said that videography would be to the advantage of both the constabulary and citizens.
“Body cameras on the police officers help the citizens to be protected from abuse because these recordings will always show whether the police are acting excessively against the Constitution. Therefore, it is one of the best ways to monitor police behaviour because police officers are sworn to keep the peace and protect life and property,” Samuels told The Gleaner.
“Therefore, we welcome body cameras because it will not only protect the citizens, but will protect the police because citizens will at times exaggerate the circumstances in which a police officer had to use force. So, it is a win-win ... . ”
FREEDOM OF MOVEMENT
Samuels said citizens must be reminded that under the Constitution, every person in Jamaica has the right to move around freely throughout the country. “So, when the police wave you down, the police are actually carrying out a restriction to the right to freedom of movement, therefore the stopping must be out of reasonable suspicion,” Samuels said.
“The security forces’ powers to stop us and restrict our rights to freedom of movement must be preceded by reasonable suspicion. So, the stopping itself becomes a legal issue and search of the person in full view of the public and removal of documents are also breaches of your legal rights to privacy.”
He said there was a precedent to be followed if premises were being searched in the absence of a person.
“One of the requirements is that a justice of the peace must be present. Quite apart from planting evidence, the police may take away evidence that is important to a person’s defence and later deny that they had taken them,” he cautioned.
Samuels said the issue is further compounded in instances where people are unable to identify the police officers who have infringed their rights.
Members of the security forces should have their regulation numbers clearly exposed so they can be easily identified. The attorney-at-law said many times clients visit law offices to seek constitutional redress, but face difficulties because the police refused to disclose their identity.