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Citizen Rights & Responsibilities
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Police Powers
Without a warrant Police may arrest you:
- if you have committed or there are reasonable grounds
to suspect that you have committed, or are about to commit a
felony. (e.g., murder, burglary, larceny, rape, wounding with
intent to cause serious injury.)
- if you have committed a dangerous breach of the peace.
- for a road traffic offense if the Officer is in uniform or
shows you his/her authority but only if you do not give
your name or address or show your Driver’s License.
- for certain minor offenses if they have seen you committing
the offense, or you have been seen committing the offense by any
other person whose word can be believed.
With a warrant, Police may arrest or search you or your
vehicle or premises in connection with reasonable suspicion that you
have committed any of several offenses.
Citizen Rights while being arrested
The Police must:
- Tell you of the nature of the charge at the time of your arrest.
- Inform you that you are not obliged to say anything unless you
wish to do so and that whatever you say will be taken down in
writing and may be given in evidence.
- If arresting you on a Judge’s warrant they must show you the
warrant as soon after your arrest as practicable.
- Allow you to communicate by telephone or telegraph with your
family or Attorney immediately after you have been arrested.
- Allow you to talk to your Attorney out of the hearing of
Police,
even if within their sight.
The Police may not:
- Compel you to accompany them to the Police Station unless they
have arrested and charged you with an offense.
- Compel you to have your fingerprints taken against your will
without getting an order from a Magistrate.
- Compel you to answer questions, make a statement, or sign one.
- Hold out any inducement, make any promise, or threaten you for
the purpose of obtaining a statement from you.
The police do not have the right to arbitrarily detain a citizen
in order to determine whether or not s/he may have committed any
crimes Arbitrary detention is unlawful under the Constitution of
Jamaica, Section 15 (1).
Police have the following powers of search:
- To search you once you have been arrested.
- To take you before a JP and search you if they suspect that
you have ganja or any illegal drug on your person, and;
(ii) To search you without a warrant if you are in a vehicle
suspected to be carrying stolen goods, ganja or firearms.
- To enter and search your premises (by force if necessary) for
the purpose of arresting you for a felony.
- To search any vehicle if they have reasonable suspicion that
it contains ganja or any illegal drug, and to seize any property
as evidence of the offence.
(ii) To take away or detain any vehicles or article
reasonably suspected of being used or intended to be used to
commit any offence.
- To search you if you are a passenger or from a ship or
aircraft and he/she suspects that you are carrying any
uncustomed or prohibited goods. But you may require the Officer
to take you before a Justice of the Peace or senior Police
Officer before such search is done.
Citizen rights while their person is being searched:
Searches should be conducted with restraint, treating the body of
the person being searched with due respect, and respecting their
right of privacy and their personal dignity. Women and girls must only
be searched by a female officer. If none is available, a female
member of the public may be asked to assist, with the suspect’s
consent.
Citizen rights while premises are being searched:
- You have the right to see and read the search warrant from the
Police Officer requesting the search. If the Police are
searching for drugs, you have the right to get a copy of the
written directive from the Sergeant or higher Officer
authorizing the search.
- A search conducted without a warrant is illegal unless the
Police are pursuing a suspect or have reason to believe that an
offense is being, or is about to be, committed on a premises.
- You have the right to an itemized list of all
vehicles/articles seized and must receive a signed copy from the
Officer in charge of the search. The Police must ensure that you
are following and observing the officers throughout the search,
remaining in the presence of those searching at all times.
Cordons & Curfews
The Police may establish a cordon around a particular locality
for 12 hours or with the written approval of the Minister of
Security impose a
curfew in a particular locality where on believable grounds it is
believed to be necessary in the interest of public safety or public
order or for the purpose of preventing or detecting crime. A curfew
or cordon does not suspend the above rights of the citizen in
relation to a dwelling house.
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