If you‘ve been arrested and you believe that your arrest was unlawful, you may be able to claim compensation for your wrongful arrest.
Arrests can be considered unlawful if the arresting officers did not have probable cause to believe that you committed a crime, if they used excessive force during the arrest, or if you were detained for an unreasonable amount of time.Unlawful arrest claims can be complex, and it’s important to get legal advice as soon as possible. At our law firm, we have a team of experienced lawyers who can help you with your claim. We’ve successfully helped many people who have been unlawfully arrested, and we can help you too.
Unlawful Arrest Claims In South Africa
The duty of the police is to prevent, combat and investigate crime, to maintain public order, to uphold the law and to protect and secure the people and property within the borders of South Africa. The police are an institution designed to protect innocent citizens, but there have been many reports of corrupt officers breaking the law. While it is understandable that police may sometimes make quick decisions in order to prevent crime, mistakes can easily be made.
The South African Police Department is allowed to use force where necessary to execute their duties, but the force used must always be proportional to the circumstances. If police officers use excessive and unnecessary force, they may be guilty of a criminal offense. Unlawful arrest occurs when a police officer detains someone without probable cause or a warrant. Probable cause exists when there is a reasonable belief that a person has committed a crime. A warrant is a court order authorizing law enforcement to make an arrest.
When Can A Police Officer Make An Arrest
A police officer may only arrest a person without a warrant if they witness the person commit a crime, or if they have reasonable suspicion that the person has committed a Schedule 1 crime. The police may not conduct a search without a warrant or consent unless the search is incident to arrest or if the search falls within an exception to the warrant requirement.
Reasonable suspicion:
Reasonable suspicion is a lower standard than probable cause. A police officer may arrest a person if the officer has a reasonable suspicion that the person has committed a Schedule 1 crime. The officer can search the person if the officer has reasonable suspicion that the person has a weapon or evidence of the crime.
Consent:
A search must be conducted pursuant to a warrant or with consent. A police officer may not search a person without a warrant or consent unless the search is incident to arrest or if the search falls within an exception to the warrant requirement.
What Should You Do When Approached By A Police Officer
When approached by a police officer, First, you should try to remain calm. Do not run away or act aggressively. Instead, cooperate with the officer, don‘t resist arrest, and never offer to pay a bribe. If you resist arrest, the officer may use reasonable force to make the arrest.
The police are allowed to ask you questions to establish your identity. You should always provide your name, address, and nationality. You should also always have your ID with you. You may be detained until the police can verify your identity.
The police may ask you to accompany them to the police station. You are not required to go with the police, but it may be in your best interest to do so. If you are arrested, you will be taken to the police station.
Instituting A Civil Claim
You can sue the SAPS or the Minister of Police, but you must give written notice of your intention to do so within six months of the claim arising. The notice must be delivered to the person by hand or by email.
You have 3 years to institute a civil action against the Minister in court, starting 90 days after you serve notice of the intended legal proceedings.
The Minister of Police may be held liable for the following:
- Bodily injuries, which could include claims for past and future medical expenses, past and future loss of earnings and for pain, suffering and disfigurement
- Loss of support and/or funeral expenses where a breadwinner passes away as a result of injuries sustained.
Mashitisho Attorneys are one of Pretoria‘s most experienced firms when it comes to unlawful arrest cases, providing clients across South Africa with the best legal solutions based on our experience and knowledge of South African law. Mashitisho Attorneys‘ team of unlawful arrest experts employs a formidable litigation team with extensive experience dealing with the SAPS, police brutality, and Metro Police officers in relation to unlawful actions across South Africa. If you believe that you were unlawfully arrested and detained, contact us immediately for a consultation.
