Probable cause and reasonable suspicion are vastly different

Sep 26, 2018 Letters

Dear Editor
Over the past two months for diverse reasons, I refrained from writing my usual letters to the editor on law enforcement issues, but I still maintain an abiding interest in that area. However, recent comments in the print and electronic media and elsewhere about the power or lack of power of the police to stop, search and detain vehicles, etc have titillated me to break my silence on the hot topic. Let me be pellucid. What you are about to read is my personal opinion. I was not influenced by anyone or group to express my views. My discussion is based on my limited knowledge of the law, my over 40 years experience dealing with law enforcement matters and the need for the police at all times to deliver the highest quality of service to the citizens of Guyana they swore to serve and protect.
It is apposite for me to start with the law. Section 18 of the Police Act Chapter 16:01 states, “ Any member of the Force may stop, search and detain any aircraft, vessel or vehicle in upon which there shall be reason to suspect that anything stolen or unlawfully obtained, or that any person suspected of having committed an indictable offence, may be found; and he may also stop, search and detain any person who may be reasonably suspected of having or conveying in any manner anything stolen or unlawfully obtained. “ Some operative words in that section are, any member of the force; power to stop, search and detain; reasonable suspicion; suspected of committed any indictable offence; having or conveying in any manner anything stolen or unlawfully obtained. I read and heard a lot of unadulterated piffle including those coming from some legal minds about intuition and probable cause. The law does not speak about probable cause but about reasonable suspicion. Probable cause is the American way of dealing with some legal issues. We are tied to the British system in this instant matter, which speaks about reasonable suspicion – not probable cause. Probable cause and reasonable suspicion are vastly different. Perhaps, in due course some competent and compellable person will discuss probable cause vs reasonable suspicion as it relates to the Laws of Guyana. The vexed question that would be asked of a policeman is: Prior to the stop, what caused him to reasonably suspect that anything stolen or unlawfully obtained, or that any person suspected of committed an indictable offence may be found or having or conveying in any manner anything stolen or unlawfully obtained? I guess the most common answer will be: I was acting on information received or to use some buzzwords – My action was based on intelligence I received.
I hope that my layman’s missive will clear up some grey areas in this raging topic or even invoke much more pertinent confabulation. Did I hear someone say that the law is an ass or some persons who interpret it or some others who enforce it? Let the debate continues.
Yours faithfully
Clinton Conway
Assistant Commissioner of Police
(Retired)
Clinton Conway
Security Manager
Troy Resources Guyana Inc.

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