Gupta arrested

Since when do people not have the right to refuse a search without a warrant?
 
Sorry to be on Topic... but he was searched UNDER WHAT SUSPICION ? The police dont have rights to search anyone they feel looks like a candidate.
 
I'm surprised no one here seems to know their rights. The cops cannot search you without probable cause. The cops do NOT have the right to randomly stop people and search them.
 
His supposed over-reaction aside, he's perfectly within his rights to refuse a search without a warrant to do so.

I also find it strange that he was "released with a warning", but has to appear in court as well?
 
His supposed over-reaction aside, he's perfectly within his rights to refuse a search without a warrant to do so.

I also find it strange that he was "released with a warning", but has to appear in court as well?

Yes, this article makes no sense. There are clearly some facts missing. How can someone be required to appear in court for refusing to be searched?
 
Sorry to be on Topic... but he was searched UNDER WHAT SUSPICION ? The police dont have rights to search anyone they feel looks like a candidate.
Really, how do you come to that conclusion? I understood that they did. I dont know how many roadblocks my car and I have being searched.
 
Really, how do you come to that conclusion? I understood that they did. I dont know how many roadblocks my car and I have being searched.

As far as I know, a "general" warrant is issued when a road block is set up, so I think you can ask the SAPS to show you the warrant.

Most people's point of view is however that they are willing to have their vehicles searched, because they have nothing to hide, so they never even ask to see the warrant.
 
Gupta prosecution dropped

Follow-up on this story:

http://www.timeslive.co.za/local/article678091.ece/Gupta-prosecution-dropped

The State has declined to prosecute businessman Atul Gupta who was arrested at the weekend, allegedly for refusing to be searched by the police, his spokesman says.

"The docket went to the senior prosecutor this morning [Monday] and after looking at the docket, the senior prosecutor could find no case and no basis for arrest and declined to prosecute," said Gupta's spokesman Gary Naidoo.

The police could not immediately confirm this.

Colonel Noxolo Kweza earlier on Monday said Gupta, the publisher of the new daily newspaper, The New Age, was due to appear in the Randburg Magistrate's Court.

"He was stopped somewhere in Sandton and police wanted to search him and he refused," said Kweza.

"He was then taken to the police station and he was released on a warning."

But Naidoo denied that Gupta resisted the search when his vehicle was stopped by the police on the R55 north of Johannesburg on Saturday evening.

"Mr Gupta's driver stopped when asked to stop. The driver was searched, Mr Gupta was searched and they did not resist," said Naidoo.

"The policemen took a very aggressive stance and harassed Mr Gupta."

Naidoo said Gupta at no stage threatened to call national police chief Bheki Cele as was reported in the media.

"Mr Gupta made no calls to anyone apart from 1011 to verify that these were policemen...

"He does not even know General Cele. He has not met him and neither has he ever spoken to him."

Naidoo said Gupta was "shoved into a police vehicle" and "driven to the police station in a police van".

He said the policemen asked him "if he was Indian and told him that he should go back to his country, India".

"The sort of trauma he encountered will take a while to heal," said Naidoo.

Gupta was taking advice from his lawyers on whether he should take any action against the police.

Gupta is said to be a close friend of African National Congress leader President Jacob Zuma and also funds The Thinker magazine, edited by former minister in the presidency, Essop Pahad.

His new paper, The New Age, is due to launch next month.

Gupta's brother, Rajesh, and Zuma's son, Duduzane Zuma, are business partners who own shares in steel company ArcelorMittal.

The Sowetan reported that Duduzane Zuma went to the police station after Gupta was arrested.
 
Really, how do you come to that conclusion? I understood that they did. I dont know how many roadblocks my car and I have being searched.

http://www.mg.co.za/article/2010-09-23-saving-pigspotters-bacon
In any case, while we're on the subject of the Johannesburg Metropolitan Police Department, Classen shared this interesting little nugget: the way in which some officers have conducted themselves in recent years (i.e. claims of bribery and intimidation abound) poses a very poignant question: are the metro police themselves a threat to civil liberties?

Take the popular tactic of randomly pulling cars over, which can be seen all over town.

Said Classen: "The police cannot stop you because they are the police. They can only stop you if they have a reasonable suspicion that you have committed a criminal offence. The simple act of pulling people over to see their licence is absolute rubbish; that's Nazi-style policing."

He might be wrong.. but I share his sentiments.
 
Naidoo said Gupta at no stage threatened to call national police chief Bheki Cele as was reported in the media.

Are they implying that SAPS lied ...... or that the journalist fabricated this part of the article ???

"He does not even know General Cele. He has not met him and neither has he ever spoken to him."

He doesn't have to. His friends know the General.

He said the policemen asked him "if he was Indian and told him that he should go back to his country, India".

LOL! Apparently up to now he has been a nobody in business circles in India. Different story here in SA.

"The sort of trauma he encountered will take a while to heal," said Naidoo.

The poor man.

Gupta is said to be a close friend of African National Congress leader President Jacob Zuma and also funds The Thinker magazine, edited by former minister in the presidency, Essop Pahad.

Really? You don't say?! :)
 
What's really funny is that he lists those names as though they are credentials....

Now that I know all that I will never take his paper seriously.

You only have to take one look at their promo posters along streets in Joburg to know that THE NEW AGE is nothing but a government propaganda machine to brainwash the uneducated...
 
You only have to take one look at their promo posters along streets in Joburg to know that THE NEW AGE is nothing but a government propaganda machine to brainwash the uneducated...

Memories of the Citizen & Eschel Rhoodie ... ?
 
Its funny how claims to personally know someone in a position of power and threaten to use that contact in a tough situation, is so easy in 3rd world countries under black leadership? Gupta is not even South African and his already threatening to fire members of our police force. South Africa is on a serious downward spiral and until we have the guts to admit it we will wake up when its too late like Zim.
 
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