EDITORIAL: Police powers to stop and search

Given the alarming prevalence locally of unlicensed firearms and the nettlesome incidence of shooting deaths, not to mention the easy availability of narcotic substances and the frequently impenetrable tint on the windows of some vehicles, it should give no cause for surprise that there is an apparent clash on social media between those who believe that the police officer does not have a legal entitlement to stop and search a vehicle without the consent of the owner/driver and the authorities who seek to exercise such a power. Those who would have watched a video of one such event earlier this week on social media that, in the modern argot went “viral”, would have perceived this tension in high relief as the “live” party kept insisting that police officers had no right to search his vehicle without a warrant.

Although there is one decision of the Jamaica’s Supreme Court that lends some support for this view, that decision is to be restricted to its special facts and is thought not to be of general application. In that case, the learned judge in fact ruled that the police had no such power as contended by them under section 58 of the Road Traffic Act that on the judge’s construction, permitted merely the redirection of traffic or the stopping of vehicles for the purpose of better traffic flow.

However, as was subsequently pointed out by the police authorities, there are more than a few statutes that authorise the police to stop and search a vehicle without a warrant if any person is unlawfully in possession of prohibited goods.

A similar situation obtains in Barbados. For example, section 26 (2)(b) of the Firearms Act, Cap. 179, provides:

“Where a police officer has reasonable grounds to suspect that any person is unlawfully in possession of any firearm or ammunition, the police officer may, without warrant………………

(b) search any vehicle or vessel in which the police officer suspects that any article liable to seizure may be found, and for that purpose require the person in control of the vehicle to stop it. [Emphasis added]

A similar power is also given to customs officers. According to section 201 of the Customs Act –

Any officer may upon reasonable suspicion stop and examine any ship, aircraft or vehicle within the Island to ascertain whether any uncustomed or prohibited goods are contained therein; and, if none shall be found, the officer shall not, on account of such stoppage and examination, be liable to any prosecution or action at law.

And section 5(1) of the Praedial Larceny Prevention Act 1992 –

Where an offence has been committed under the Larceny Act, Cap. 139 or any other law relating to dishonesty in respect of any agricultural produce or livestock and a constable has reasonable grounds to suspect that the agricultural produce or livestock is being conveyed on a vehicle or other means of conveyance, a police officer in uniform may stop the vehicle or other means of conveyance and upon informing the person in charge of the vehicle or other means of conveyance of the officer’s purpose, may examine the vehicle or other means of conveyance or any parcel or package of any kind found in the vehicle or conveyance.

These italicised provisions clearly demonstrate that, contrary to popular belief, the police and others have the entitlement under some statutes to stop and search a vehicle. Little wonder then that the Honourable Attorney General has urged them to do their job, as he did earlier this week.