Random body searches

UrBaN963

UrBaN963

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So I went out last night.

At about midnight we arrived to Stones to play some foosball and have a drink.

As I got out my car a police bakkie was passing through the parking area and stopped and greeted us. He then proceeded to body search me, going through all pockets, my wallet etc.

He then requested access to my car so he could search it too, looking for drugs or firearms.

I was sober and have nothing to hide so it wasn’t an issue for me, I just let him do his thing to get it over with.

However, it did get me thinking. I have no idea what South African law states as regards random body and vehicle searches.

I can’t think of a “probably cause” scenario here that would make him a) feel like he needed to search me or b) give legal grounds to do so.

Is this legal?
 
UrBaN963 said:
So I went out last night.

At about midnight we arrived to Stones to play some foosball and have a drink.

As I got out my car a police bakkie was passing through the parking area and stopped and greeted us. He then proceeded to body search me, going through all pockets, my wallet etc.

He then requested access to my car so he could search it too, looking for drugs or firearms.

I was sober and have nothing to hide so it wasn’t an issue for me, I just let him do his thing to get it over with.

However, it did get me thinking. I have no idea what South African law states as regards random body and vehicle searches.

I can’t think of a “probably cause” scenario here that would make him a) feel like he needed to search me or b) give legal grounds to do so.

Is this legal?
Click to expand...

Would also like to know.
 
Just chatted to a friend of mine. She also got searched at the same place by presumably the same cops last night. They went through her handbag which is apparently only allowed by female cops? Not sure on that but seems a little weird.
 
Just a guess here, but I assume due to the time of day and the place you were visiting (which may or may not be / have been) a hotspot for drug use/trade, the cops would have used that as probable cause.

What I'm not sure about is if "probable cause" is a legal facet of S.A. law or what to do about it.
 
Sounds like BS. Pretty sure cops have to have a reason to search you and your car.

If it is a roadblock with multiple police vehicles then I am fine with it because that could be an official operation where they are actively looking for someone/something.

Random cops cruising the parking lot picking people out? Sounds like some shady cops looking for stuff on the side. My concern would be them potentially planting something as well.
 
It honestly felt like cops taking the piss and looking for bribes, but as I wasn’t sure of the legal side, I didn’t want to make an issue and then get myself in **** for resisting or whatever, or making them suspicious. I don’t do drugs at all so I wasn’t worried about them finding anything, but it still felt sketchy.
 
I am not one of those people freaking about every small thing and the popo can search me whenever.....at what point does it become too much?
 
thestaggy said:
Sounds like BS. Pretty sure cops have to have a reason to search you and your car.

If it is a roadblock with multiple police vehicles then I am fine with it because that could be an official operation where they are actively looking for someone/something.

Random cops cruising the parking lot picking people out? Sounds like some shady cops looking for stuff on the side. My concern would be them potentially planting something as well.
Click to expand...
I think, that if they did find something the evidence would be not admissible. You probably have the right to refuse the search but the best is always to co-operate.

I was once searched for drugs, this was at a Paul Van Dyke show and they had just seen me swallow something.
Luckily for me and my friends the search did not involve cavities.

They moaned at me about the state I was in but there is nothing illegal about being a bit sweaty and having dilated pupils.
 
Thor said:
You can say no. He MUST get a warrant then
Click to expand...
I dont think it works like that. I may be wrong, but I remember reading that if there is "reason to be suspicious" or "probable cause" they can for example search your car, and dont need a warrant.

Now what "probable cause" can be is open to interpretation, ie - oh your brakelight is out, you drive a yellow car, your licence disk is expired etc
 
The law says:


  • If the officer requests to search the car, he/she must provide you with a copy of an official warrant stating the reason for the search. **
** Should an officer have reasonable grounds to perform a search without a warrant, and he/she must prove this in the court of law at a later stage, he/she may perform a search.



So OP I would take them to court.
 
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