‘Know the law: Police cannot stop, search vehicles without reasonable suspicion’ – Attorney

Jul 20, 2024 News

---

Kaieteur News – Traffic ranks of the Guyana Police Force (GPF) are being urged to familiarize themselves with the laws of Guyana, preferably Section 18 of the Police Act.

Attorney Chevy Devonish, who is also a lecturer at the University of Guyana, underscored the importance of the police understanding that they must have reasonable suspicion before stopping vehicles.

Devonish was at the time speaking during a panel discussion help in celebration of the GPF’s 185^th anniversary held at the Police Officers’ Mess Annexe, Eve Leary, Georgetown.

Themed ‘Strategy for identifying and combating traffic incidents and accidents inclusive of punitive laws as a deterrent’, the discussion included National Information and Communication Technologies (ICT) advisor, Darryl Akeung, Vice Chancellor of the University of Guyana (UG), Dr. Paloma Mohamed, Senior Superintendent of Police, Mahendra Singh and Chairman of National Road Safety Council, Earl Lambert.

Devonish said often time the police is not properly aware of how to properly execute his or her mandate.

“…Unfortunately, we have had an experience and circumstances where we lost cases particularly because persons (ranks) who were in the position to enforce the law did not know the law and therefore exercising powers they did not have,” the attorney said.

Devonish recounted his experience with police ranks that stopped him during an operation, without indicating reason.

“I want to say first and foremost, there is no traffic rank who should be on the road engaging in stops, search, seizures of any vehicles if they have not at least seen Section 18 of the Police Act,” the Attorney said.

Devonish explained that Section 18 of the Police Act states that any member of the Force may stop, search and detain any aircraft, vessel or vehicle which there shall be reason to suspect anything stolen, unlawfully obtained, or that any person, suspected of having committed any indictable offence, may be found.

Further, a member of the Force 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.

Devonish said on one of the occasions, he was stopped by police, he asked the officer about the operation to which the rank reportedly said, “I is a police, don’t question the police.”

The attorney said while the law allows for the stopping and searching of vehicles, aircraft and vessels, it is mandatory for the ranks to state their reason (s) of suspicion.

Devonish hypothetically said, “If I am driving down the road with a black vehicle and you have a what is referred to as an… operation going on, you know random stops and search, and you know a police officer stops me, and ask me to search my vehicle because is just an event they are having… I think a campaign. They just want to search my vehicle, what is the basis of that search? Is there a basis? Is there a suspicion in there, anywhere? No.”

He reminded that if Ranks fail to provide reasons for the search or the basis of suspicion, should a case be taken to court, the case is likely to be dismissed.

“What happens, the person is arrested and they are charged and they go to the Magistrates’ Court and the matter is dismissed, why is it dismissed? Because you (the Rank) had no lawful authority to stop the person, which means that you had no lawful authority to arrest the person, which means you had no lawful authority to detain the person,” Devonish said.

This usually results in the Police Force being sued.

“They sue us (the police) for unlawful arrest, they sue us for unlawful detention, they sue us for malicious prosecution…They sue us for the violation for their fundamental rights and they get a nice $200,000, $300,000, $400, 000,” Devonish said.

The attorney said that over time, the police have grown accustomed to telling persons to drive to the police station.

“You can arrest with words alone, drive to station, stay in the corner, and while you in the corner you (the police) gone back on the road and you stop other vehicles and this man is here for 15-20 minutes…That is detention and what happens, (the matter) goes to the court, we (the police) get lash, law suit…or the person doesn’t listen and you charge them for resisting arrest, disorderly behaviours, but they all fail, or obstructing a police officer in the lawful execution of his duties, but it was not lawful because you (police) did not have reasonable suspicion, that is the condition,” Devonish explained.

---

• Attorney, Chevy Devonish, Law, police, reasonable suspicion

---